Bill Text: GA HB641 | 2011-2012 | Regular Session | Enrolled

Georgia House Bill 641 (Prior Session Legislation)

Bill Title: Courts; juvenile proceedings; substantially revise provisions

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2012-03-22 - Senate Committee Favorably Reported [HB641 Detail]

Download: Georgia-2011-HB641-Enrolled.html

12 LC 29 5300ERS

The Senate Judiciary Committee offered the following substitute to HB 641:

A BILL TO BE ENTITLED
AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings; to provide for purpose statements; to provide for definitions; to provide for general provisions; to provide for juvenile court administration; to provide for dependency proceedings; to provide for venue; to provide for taking children into care; to provide for preliminary protective hearings; to provide for petitions alleging dependency; to provide for summons and service; to provide for preadjudication procedures; to provide for adjudication; to provide for predisposition social study; to provide for family reunification determinations; to provide for disposition of dependent children; to provide for permanency plan hearings for dependent children; to provide for permanent guardianship; to provide for termination of parental rights; to provide for petitions to terminate parental rights and summons; to provide for hearings on such petitions; to provide for grounds for terminating parental rights; to provide for disposition of children whose parental rights have been terminated; to provide for independent living services; to provide for children in need of services; to provide for informal procedures for children in need of services; to provide for formal court proceedings for children in need of services; to provide for preadjudication custody and release of children in need of services; to provide for a petition seeking an adjudication that a child is in need of services; to provide for adjudication, disposition, and reviews; to provide for a permanency plan for children in need of services; to provide for mental health issues; to provide for delinquency; to provide for custody and release of a child; to provide for intake or arraignment; to provide for informal adjustment; to provide for a petition alleging delinquency and summons; to provide for preadjudication procedures for delinquency proceedings; to provide for transfers to superior court; to provide for adjudication of delinquency; to provide for predisposition investigation; to provide for disposition hearings for delinquent children; to provide for permanency plans for delinquent children; to provide for traffic offenses; to provide for competency in delinquency cases; to provide for parental notification of abortions; to provide for access to hearings and records; to provide for emancipation of minors; to provide for the Office of the Child Advocate for the Protection of Children; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services so as to provide for an appeal procedure when the Division of Family and Children Services of the Department of Human Services fails to provide aftercare and transitional services to certain children; to provide for the Department of Human Services to provide for performance measures for an independent living skills program; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I
JUVENILE CODE
SECTION 1-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Chapter 11, relating to juvenile proceedings, in its entirety as follows:

"CHAPTER 11
ARTICLE 1

15-11-1.

The purpose of this chapter is to secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure the child's moral, emotional, mental, and physical welfare as well as the safety of both the child and community. It is the intent of the General Assembly to promote a juvenile justice system that will protect the community, impose accountability for violations of law, provide treatment and rehabilitation, and equip juvenile offenders with the ability to live responsibly and productively. It is the intent of the General Assembly to preserve and strengthen family relationships, countenancing the removal of a child from his or her home only when state intervention is essential to protect the child and enable him or her to live in security and stability. In every proceeding, this chapter seeks to guarantee due process of law, as required by the Constitutions of the United States and the State of Georgia, through which every child and parent and all other interested parties are assured fair hearings at which legal rights are recognized and enforced. Above all, this chapter shall be liberally construed to reflect that the paramount child welfare policy of this state is to determine and ensure the best interests of its children.

15-11-2.

As used in this chapter, the term:

(1) 'Abandonment' or 'abandoned' means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent may be evidenced by:

(A) Failure, for a period of at least six months, to communicate meaningfully with a child;

(B) Failure, for a period of at least six months, to maintain regular visitation with a child;

(D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite the parent, guardian, or legal custodian with a child;

(E) Leaving a child without affording means of identifying the child or the parent, guardian, or legal custodian and:

(i) The identity of the parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and

(ii) The parent, guardian, or legal custodian has not come forward to claim the child within three months following the finding of the child;

(F) Being absent from the home for a period of time that creates a substantial risk of serious harm to a child left in the home;

(G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or

(H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims.

(2) 'Abuse' means:

(A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of the child;

(B) Emotional abuse;

(D) Prenatal abuse; or

(E) The commission of an act of family violence as defined in Code Section 19-13-1 in the presence of a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this subparagraph, the term 'presence' means physically present or able to see or hear.

(3) 'Adult' means any individual who is not a child as defined in paragraph (10) of this Code section.

(4) 'Affiliate court appointed special advocate program' means a locally operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interests of an abused and neglected child in dependency proceedings.

(5) 'Aggravated circumstances' means the parent has:

(A) Abandoned an infant;

(B) Attempted, conspired to attempt, or has subjected a child or a sibling of the child to death or great bodily harm;

(C) Attempted, conspired to attempt, or has subjected a child or a sibling of the child to torture, chronic abuse, sexual abuse, or sexual exploitation; or

(D) Committed the murder or voluntary manslaughter of the other parent of the child or has been convicted of aiding or abetting, attempting, or soliciting the murder or voluntary manslaughter of the other parent of the child.

(6) 'Biological father' means the male who impregnated the biological mother resulting in the birth of the child.

(7) 'Business day' means Mondays through Fridays and shall not include weekends or legal holidays.

(8) 'Caregiver' means any person providing a residence for a child or any person legally obligated to provide or secure adequate care for a child, including a parent, guardian, or legal custodian.

(9) 'Case plan' means a plan which is designed to ensure that a child receives protection, proper care, and case management and may include services for the child, the child's parent, guardian, or legal custodian, and other caregivers.

(10) 'Child' means any individual who is:

(A) Under the age of 18 years;

(B) Under the age of 17 years when alleged to have committed a delinquent act;

(D) Under the age of 23 years and is eligible for and receiving independent living services through DFCS; or

(E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court.

(11) 'Child in need of services' means:

(A) A child who is found to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is found to be:

(i) Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant, as such term is defined in Code Section 15-11-381, from school;

(ii) Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances;

(iii) A runaway, as such term is defined in Code Section 15-11-381;

(iv) A child who has committed an offense applicable only to a child;

(v) A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of 12:00 Midnight and 5:00 A.M.;

(vi) A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or

(vii) A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his or her parent, guardian, or legal custodian, or who possesses alcoholic beverages;

(B) A child who has committed a delinquent act and is found to be in need of supervision but not of treatment or rehabilitation; or

(12) 'Complaint' is the initial document setting out the circumstances that resulted in the child being brought before the court.

(13) 'Court' means the juvenile court or the court exercising jurisdiction over juvenile matters.

(14) 'Court appointed special advocate' or 'CASA' means a community volunteer who:

(A) Has been screened and trained regarding child abuse and neglect, child development, and juvenile court proceedings;

(B) Has met all the requirements of an affiliate court appointed special advocate program;

(D) Has been sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve.

(15) 'Criminal justice purposes' means the performance of any activity directly involving the investigation, detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused of, convicted of, adjudicated of, or charged with crimes, delinquent acts or the collection, storage, and dissemination of criminal history record information.

(16) 'DBHDD' means the Department of Behavioral Health and Developmental Disabilities.

(17) 'Delinquent act' means:

(A) An act committed by a child designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the crime shall not be an offense applicable only to a child or a juvenile traffic offense;

(B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudged to have committed a delinquent act; or

(18) 'Delinquent child' means a child who has committed a delinquent act and is in need of treatment or rehabilitation.

(19) 'Department' means the Department of Human Services.

(20) 'Dependent child' means a child who:

(A) Has been abused or neglected and is in need of the protection of the court:

(B) Has been placed for care or adoption in violation of law; or

(21) 'Designated felony act' means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes:

(A) Aggravated assault;

(B) Aggravated battery or battery in violation of Code Section 16-5-23.1 if the victim is a teacher or other school personnel;

(D) Arson in the first or second degree;

(E) Attempted murder;

(F) Conspiracy in violation of Article 4 of Chapter 7 of Title 16;

(G) Escape in violation of Code Section 16-10-52 if the child has previously been adjudicated to have committed a designated felony;

(H) Hijacking a motor vehicle;

(I) Kidnapping or attempted kidnapping;

(J) Possession, manufacture, or distribution of destructive devices and any other violation of Code Section 16-7-82 or 16-7-84;

(K) Racketeering in violation of Code Section 16-14-4;

(L) Robbery;

(M) Trafficking of certain controlled substances in violation of Code Section 16-13-31;

(N) Any violation of Code Section 16-7-2;

(O) Any violation of Code Section 16-15-4;

(P) Any subsequent violation of Code Sections 16-8-2 through 16-8-9, if the property which was the subject of the theft was a motor vehicle and the child committing the violation has had one or more separate, prior adjudications of delinquency based upon a violation of Code Sections 16-8-2 through 16-8-9, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location;

(Q) Any subsequent violation of Code Section 16-7-85 or 16-7-87, if the child committing the violation has had one or more separate, prior adjudications of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location;

(R) Any subsequent violation of subsection (b) of Code Section 16-11-132, if the child committing the violation has had one or more separate, prior adjudications of delinquency based upon a violation of subsection (b) of Code Section 16-11-132, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; or

(S) Any other act which, if committed by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if committed by an adult, would have been felonies, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location.

Such term shall also mean an act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or which is a first violation of Code Section 16-11-127.1 involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131 or a dangerous weapon or machine gun as defined in Code Section 16-11-121 or any weapon as defined in Code Section 16-11-127.1, together with an assault.

(22) 'Developmental level' is a child's ability to understand and communicate, taking into account such factors as age, maturity, mental capacity, level of education, cultural background, and degree of language acquisition.

(23) 'DFCS' means the Division of Family and Children Services of the department.

(24) 'DJJ' means the Department of Juvenile Justice.

(25) 'Emancipation' means termination of the rights of a parent to the custody, control, services, and earnings of a child.

(26) 'Emotional abuse' means acts or omissions by a person responsible for the care of the child that cause any mental injury to a child's intellectual or psychological capacity as evidenced by an observable and significant impairment in a child's ability to function within the child's normal range of performance and behavior or create a substantial risk of impairment, if the impairment or substantial risk of impairment is diagnosed and confirmed by a licensed mental health professional or physician qualified to render such diagnosis.

(27) 'Evaluation' means a comprehensive, individualized examination of a child by an examiner that may include the administration of one or more assessment instruments. The purpose of an evaluation may include diagnosing the type and extent of a child's behavioral health disorders and needs, making specific recommendations, and assessing a child's legal competencies.

(28) 'Examiner' means a licensed psychologist, psychiatrist, or clinical social worker who has expertise in child development specific to severe or chronic disability of children attributable to intellectual impairment or mental illness and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both.

(29) 'Foster care' means placement in foster family homes, child care institutions, or another substitute care setting approved by the department. Such term shall exclude secure detention facilities or other facilities operated primarily for the purpose of detention of a child adjudicated delinquent.

(30) 'Guardian ad litem' means an individual appointed to assist the court in determining the best interests of a child.

(31) 'Guardianship order' means the court judgment that establishes a permanent guardianship and enumerates a permanent guardian's rights and responsibilities concerning the care, custody, and control of a child.

(32) 'Identification data' means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of a child.

(33) 'Imminent danger' means a determination that present or pending harm precludes less extreme solutions to the problem. In dependency cases, such determination shall be based on the assessment of the following nonexclusive factors:

(A) The severity, regularity, and duration of abuse or neglect to the child;

(B) The strength of the evidence supporting the allegations of abuse or neglect;

(D) Any harm to the child that might result in removal; or

(E) The time to obtain a court order.

(34) 'Indigent person' means a person who, at the time of requesting an attorney, is unable without undue financial hardship to provide for full payment of an attorney and all other necessary expenses for representation or a child who is a party to a dependency proceeding. To determine indigence in a delinquency proceeding, the court shall follow the standards set forth in Chapter 12 of Title 17.

(35) 'Informal adjustment' means the disposition of case other than by formal adjudication and disposition.

(36) 'Judge' means the judge of the court exercising jurisdiction over juvenile matters.

(37) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, DJJ staff member serving as an intake officer, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, which person is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention.

(38) 'Legal custodian' means:

(A) A person to whom legal custody of the child has been given by order of a court; or

(B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of the child has been given by order of a court.

(39) 'Legal father' means a male who:

(A) Has legally adopted a child;

(B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;

(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;

(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; or

(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22 or by voluntary acknowledgment of paternity that has not been rescinded pursuant to Code Section 19-7-46.1

and who has not surrendered or had terminated his rights to the child.

(40) 'Legal mother' means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child.

(41) 'Mediation' means the procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement.

(42) 'Mediator' means a neutral third party who attempts to focus the attention of the parties upon their needs and interests rather than upon their rights and positions and who lacks the authority to impose any particular agreement upon the parties or to recommend any particular disposition of the case to the court.

(43) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

(44) 'Neglect' means:

(A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health or morals;

(B) The failure to provide the child with adequate supervision necessary for the child's well-being; or

(45) 'Other persons who have demonstrated an ongoing commitment to the child' includes:

(A) 'Fictive kin,' meaning a person who is known to a child as a relative, but is not, in fact, related by blood or marriage to the child and with whom the child has resided or had significant contact; and

(B) 'Other individuals,' including but not limited to, neighbors, teachers, scout masters, caregivers, or parents of friends of the child and with whom a child has resided or had significant contact.

(46) 'Parent' means either the legal father or the legal mother of the child.

(47) 'Party' means a child, parent, guardian, legal custodian, or other person subject to any judicial proceeding under this chapter; provided, however, that for purposes of Article 7 of this chapter, only a child and the state shall be a party.

(48) 'Permanency plan' means a specific written plan prepared by DFCS designed to ensure that a child is reunified with his or her family or ensure that the child quickly attains a substitute long-term home when return to the child's family is not possible or is not in the child's best interests.

(49) 'Permanent placement' means:

(A) Return of the legal custody of a child to the child's parent;

(B) Placement of a child with an adoptive parent pursuant to a final order of adoption; or

(50) 'Person responsible for the care of the child' means:

(A) An adult member of the child's household;

(B) A person exercising supervision over a child for any part of the 24 hour day; or

(C) Any adult who, based on relationship to the parent, guardian, or legal custodian or a member of the child's household, has access to the child.

(51) 'Preliminary protective hearing' means the hearing held within 72 hours after a child who is alleged to be abused or neglected is placed in foster care.

(52) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, as such term is defined in Code Section 16-13-21, which results in:

(A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite thereof in the newborn's body, blood, urine, or meconium that is not the result of medical treatment; or

(B) Medically diagnosed and harmful effects in the newborn's physical appearance or functioning.

(53) 'Probation and intake officer' means any probation officer and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this chapter, other than a juvenile court judge, associate juvenile court judge, or court service worker.

(54) 'Probation officer' means any personnel of a juvenile court or staff of DJJ to whom are delegated the duties of a probation officer under this chapter, other than a juvenile court judge or associate juvenile court judge.

(55) 'Prosecuting attorney' means the district attorney of the judicial circuit or county in which juvenile proceedings are instituted or the solicitor of the juvenile court in which the juvenile proceedings are instituted or such individuals' designees.

(56) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9.

(57) 'Reasonable efforts' means due diligence and the provision of appropriate services.

(58) 'Reasonably diligent search' means the efforts of DFCS to identify and locate a parent whose identity or location is unknown or a relative or other person who has demonstrated an ongoing commitment to a child. Such search shall be initiated at the outset of a case under Article 3 of this chapter and shall be conducted throughout the duration of a case, when appropriate. A reasonably diligent search shall include at a minimum:

(A) Interviews with the child's parent during the course of an investigation, while child protective services are provided, and while the child is in care;

(B) Interviews with the child;

(D) Interviews with any other person who is likely to have information about the identity or location of the person being sought;

(E) Comprehensive searches of data bases available to DFCS including, but not limited to, searches of employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, corrections records, and any other records likely to result in identifying and locating the person being sought;

(F) Appropriate inquiry during the course of hearings in the case; and

(G) Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child.

(59) 'Relative' means a person related to a child by blood, marriage, or adoption, including the spouse of any of those persons even if the marriage was terminated by death or dissolution.

(60) 'Restitution' means any property, lump sum, or periodic payment ordered to be made to any victim. Restitution may also be in the form of services ordered to be performed by a child.

(61) 'Screening' means a relatively brief process to identify a child who potentially may have mental health or substance abuse needs, through administration of a formal screening instrument, to identify a child who may warrant immediate attention or intervention or a further, more comprehensive evaluation.

(62) 'Secure detention facility' means a detention facility operated by or on behalf of DJJ and shall include a Youth Development Campus or a Regional Youth Detention Center.

(63) 'Services' means assistance including, but not limited to, care, guidance, education, counseling, supervision, treatment, and rehabilitation or any combination thereof.

(64) 'Sexual abuse' means a caregiver or other person responsible for the care of the child employing, using, persuading, inducing, enticing, or coercing any child to engage in any act which involves:

(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(B) Bestiality;

(D) Lewd exhibition of the genitals or pubic area of any person;

(E) Flagellation or torture by or upon a person who is nude;

(F) The condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;

(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;

(H) Defecation or urination for the purpose of sexual stimulation; or

(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure by a licensed health care professional.

(65) 'Sexual exploitation' means conduct by a caregiver or other person responsible for the care of the child who allows, permits, encourages, or requires a child to engage in:

(A) Prostitution, in violation of Code Section 16-6-9; or

(B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100.

(66) 'Sibling' means a person with whom the child shares one or both parents in common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution.

(67) 'Statutory overnight delivery' means delivery of notice as provided in Code Section 9-10-12.

(68) 'Visitation' means a period of access to a child by a parent, guardian, legal custodian, sibling, other relative, or other person who has demonstrated an ongoing commitment to the child in order to maintain parental and familial involvement in the child's life when the child is not residing with such person.

(69) 'Weekend' means Saturday or Sunday.

15-11-3.

Through direct calendaring, whenever possible, a single judge shall hear all successive cases or proceedings involving the same child or family.

15-11-4.

Where procedures are not provided in this chapter, the court shall proceed in accordance with:

(1) Title 17 in a delinquency proceeding; and

(2) Chapter 11 of Title 9 in all other matters.

15-11-5.

(a) When a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weekend, the party having such privilege or duty shall have through the following business day to exercise such privilege or discharge such duty.

(b) When the last day prescribed for the exercise of any privilege or the discharge of any duty falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having such privilege or duty shall have through the next business day to exercise such privilege or discharge such duty.

(c) When the period of time prescribed is less than seven days, intermediate weekends and legal holidays shall be excluded in the computation.

15-11-6.

(a) Except as provided in subsection (b) of this Code section, a child attains a specified age the first second past midnight on the day of the anniversary of the child's birth.

(b) A child born on February 29 attains a specified age on March 1 of any year that is not a leap year.

15-11-7.

(a) The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 or more years of age that may be in violation of the laws of this state whenever such person is brought before the court in the course of any proceeding instituted under this chapter. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest.

(b) When, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make such bail as the court shall deem proper under the circumstances and to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law.

15-11-8.

The juvenile court is a court of record having a seal. The judge and the judge's duly appointed representatives shall each have power to administer oaths and affirmations.

15-11-9.

The juvenile court judge, associate juvenile court judge, and judge pro tempore shall have authority to issue a warrant for the arrest of any child for an offense committed against the laws of this state, based either on personal knowledge or the information of others given under oath.

15-11-10.

Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:

(1) Concerning any child who:

(A) Is alleged to be delinquent;

(B) Is alleged to be a child in need of services;

(D) Is alleged to be in need of treatment or commitment as a mentally ill or developmentally disabled child;

(E) Is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-630;

(F) Has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the child's seventeenth birthday;

(G) Has remained in foster care after the child's eighteenth birthday or who is receiving independent living services from DFCS after the child's eighteenth birthday; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of the child and the services being provided to the child as a result of the child's independent living plan or status as a child in foster care; or

(H) Requires a comprehensive services plan in accordance with Code Section 15-11-658; or

(2) Involving any proceedings:

(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law;

(B) For permanent guardianship brought pursuant to the provisions of Article 3 of this chapter;

(C) Under Code Section 39-3-2, the Interstate Compact on Juveniles, or any comparable law, enacted or adopted in this state;

(D) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Article 1 of Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child;

(E) For emancipation brought pursuant to the provisions of Article 11 of this chapter;

(F) Under Article 9 of this chapter, relating to prior notice to a parent, guardian, or legal custodian relative to an unemancipated minor's decision to seek an abortion; or

(G) Brought by a local board of education pursuant to Code Section 20-2-766.1 relating to court orders requiring that a parent, guardian, or legal custodian attend a conference or participate in programs or treatment to improve a student's behavior.

15-11-11.

(a) The juvenile court shall have concurrent jurisdiction to hear:

(1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child who is alleged to be dependant;

(2) Any legitimation petition transferred to the court by proper order of the superior court;

(3) The issue of custody and support when the issue is transferred by proper order of the superior court; and

(4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court.

(b) If a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial.

15-11-12.

(a) Nothing in this chapter shall be construed to prevent a child from being found both dependent and delinquent or both dependent and a child in need of services if there exists a factual basis for such a finding.

(b) If a child alleged or found to be delinquent or a child in need of services is also alleged or found to be dependent, dependency proceedings may be consolidated with delinquency or child in need of services proceedings to the extent consistent with due process of law as provided in Articles 3, 6, and 7 of this chapter.

(c) The time frames and requirements of Article 3 of this chapter shall apply to cases in which a child alleged or found to be a child in need of services or delinquent is placed in foster care and has also been alleged or found to be dependent.

15-11-13.

The court shall have jurisdiction to appoint a guardian of the person or conservator of the property of any child in any proceeding authorized by this chapter. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons and conservators of the properties of any child by the probate court.

15-11-14.

(a) The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8.

(b) After notice and hearing, the court may make one of the following orders:

(1) That the temporary guardianship be established or continued if the court determines that the temporary guardianship is in the best interests of the child. The order shall thereafter be subject to modification only as provided in Code Section 15-11-32; or

(2) That the temporary guardianship be terminated if the court determines it is in the best interests of the child. The child shall be returned to the parent unless the court determines that there is probable cause to believe the child would be abused, neglected, or abandoned in the custody of the child's parent.

(c) A case shall proceed as a dependency matter pursuant to the provisions of Article 3 of this chapter if, after notice and hearing, the court determines:

(1) That it is in the best interests of the child that the temporary guardianship not be established or that the temporary guardianship be terminated but there is probable cause to believe the child would be abused, neglected, or abandoned if returned to the parent; or

(2) That it is in the best interests of the child that the temporary guardianship be continued over the parent's objection.

(d) The court may refer a case transferred from probate court to DFCS for further investigation.

15-11-15.

(a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination.

(b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court.

(c) At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.

15-11-16.

(a) A proceeding under this chapter may be commenced:

(1) By an order of transfer of a case from another court as provided in Code Section 15-11-11 or 15-11-567 or subsection (f) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8;

(2) By the summons, notice to appear, or other citation in a proceeding charging a juvenile traffic offense or a violation of the laws, rules, and regulations governing the Georgia Department of Natural Resources Game and Fish Division; or

(3) By the filing of a petition for adoption or legitimation under Code Section 15-11-11, or in other cases by the filing of a complaint or a petition as provided in Articles 3, 4, 6, 7, 9, and 11 of this chapter.

(b) The petition and all other documents in the proceeding shall be entitled 'In the interest of _____, a child,' except upon appeal.

(c) On appeal, the anonymity of the child, and where appropriate, a victim or witness who is under the age of 18 years, shall be preserved by appropriate use of the child's, victim's, or witness's initials as appropriate.

15-11-17.

(a) All hearings under this chapter shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court.

(b) Except as otherwise provided, all hearings shall be conducted in accordance with Title 24.

(c) The proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the proceedings.

(d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this chapter in any county within the judicial circuit. When a superior court judge sits as a juvenile court judge, hearings in connection with any proceeding under this chapter may be heard before such judge in any county within the judicial circuit over which the judge presides.

15-11-18.

Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue subpoenas in accordance with the provisions of Title 24 requiring attendance and testimony of witnesses and production of papers at any hearing under this chapter.

15-11-19.

(a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to exclude a child from any part or parts of any proceeding under Article 3 of this chapter if the court determines that it is not in the child's best interests to be present. The attorney for the child shall not be excluded.

(b) A person afforded rights under this chapter shall be advised of such rights at that person's first appearance before the court.

15-11-20.

(a) At any time during a proceeding under this chapter, the court may refer the case to mediation.

(b) When referring a case to mediation, the court shall take into consideration the guidelines from the Georgia Commission of Dispute Resolution for mediating cases involving domestic violence or family violence.

(c) A referral order shall recite that while the parties shall attend a scheduled mediation session and shall attempt to mediate in good faith, such parties shall not be required to reach an agreement.

(d) Victims in a delinquency case referred to mediation may attend and participate in such mediation.

15-11-21.

(a) Once an order referring a case to mediation has been signed, the court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases.

(b) The court shall appoint a qualified mediator within five days of signing the order referring the case to mediation.

15-11-22.

(a) The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties' intent to resolve such controversies through mediation, and specify the circumstances under which mediation may continue. The agreement to mediate shall specify the confidentiality requirements of mediation and the exceptions to confidentiality in mediation as such are set forth in the Supreme Court of Georgia's Uniform Rules for Alternative Dispute Resolution Programs.

(b) A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, the absence of bargaining ability, unconscionability, or lack of court jurisdiction.

(c) Prior to the parties signing an agreement to mediate, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation.

(d) The mediator shall at all times be impartial.

15-11-23.

(a) Upon issuing a referral to mediation the court may stay the proceeding.

(b) Mediation shall occur as soon as practicable and be scheduled within 30 days of the order referring the matter to mediation unless the time frame is extended by the court.

15-11-24.

(a) Either party may withdraw from or terminate further participation in mediation at any time.

(b) A mediator shall terminate mediation when:

(1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process;

(2) The mediator concludes that a party lacks the capacity to perceive and assert his or her own interests to the degree that a fair agreement cannot be reached;

(3) The mediator concludes that an agreement is unlikely; or

(4) The mediator concludes that a party is a danger to himself or herself or others.

15-11-25.

(a) All mediation agreements shall be presented to the juvenile court judge for approval.

(b) The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best interests of the child.

15-11-26.

Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of the child's age and developmental needs. Such factors shall include:

(1) The physical safety and welfare of the child, including food, shelter, health, and clothing;

(2) The love, affection, bonding, and emotional ties existing between the child and each parent or person available to the care for the child;

(3) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;

(4) The child's need for permanence, including the child's need for stability and continuity of relationships with a parent, siblings, other relatives, and any other person who has provided significant care of the child;

(5) The child's sense of attachments, including the child's sense of security, the child's sense of familiarity, and continuity of affection for the child;

(6) The capacity and disposition of each parent or person available to care for the child to give the child love, affection, and guidance and to continue the education and rearing of the child;

(7) The home environment of each parent or person available to care for the child considering the promotion of nurturance and safety of the child rather than superficial or material factors;

(8) The stability of the family unit and the presence or absence of support systems within the community to benefit the child;

(9) The mental and physical health of all individuals involved;

(10) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

(11) The child's community ties, including church, school, and friends;

(12) The child's background and ties, including familial, cultural, and religious;

(13) The least disruptive placement alternative for the child;

(14) The uniqueness of every family and child;

(15) The risks attendant to entering and being in substitute care;

(16) The child's wishes and long-term goals;

(17) The preferences of the persons available to care for the child;

(18) Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in any current, past, or considered home for the child;

(19) Any recommendation by a court appointed custody evaluator or guardian ad litem; and

(20) Any other factors considered by the court to be relevant and proper to its determination.

15-11-27.

During the pendency of any proceeding under this chapter, the court may order:

(1) The child to be examined by outside parties or private providers at a suitable place by a physician or psychologist; provided, however, that orders to perform an evaluation shall not be imposed upon DJJ; and

(2) Medical or surgical treatment of a child who is suffering from a serious physical condition or illness which, in the opinion of a licensed physician, requires prompt treatment, even if the parent, guardian, or legal custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his or her refusal to consent to the treatment.

15-11-28.

(a) No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to, court ordered screenings, shall be admitted into evidence in any adjudication hearing in which the child is accused under this chapter. Such admission, confession, or incriminating information may be considered by the court at disposition.

(b) No admission, confession, or incriminating information obtained from a child in the course of any assessment or evaluation, or any treatment that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered assessments and evaluations, shall be admitted into evidence against the child, except as rebuttal or impeachment evidence, or used as a basis for such evidence, in any future adjudication hearing or criminal proceeding in which the child is accused. Such admission, confession, or incriminating information may be considered by the court at disposition.

15-11-29.

(a) In any proceeding under this chapter, either on application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:

(1) To stay away from the home or the child;

(2) To permit a parent to visit the child at stated periods;

(3) To abstain from offensive conduct against the child, the child's parent, or any person to whom custody of the child is awarded;

(4) To give proper attention to the care of the home;

(5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court;

(6) To refrain from acts of commission or omission that tend to make the home not a proper place for the child;

(7) To ensure that the child attends school pursuant to any valid law relating to compulsory attendance;

(8) To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and

(9) To enter into and complete successfully a substance abuse program approved by the court.

(b) After notice and opportunity for hearing afforded to a person subject to a protective order, the order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby.

(c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.

15-11-30.

A legal custodian has the right to physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care, and the right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parent or guardian.

15-11-31.

(a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish an adult for contempt of court by imprisonment for not more than 20 days or a fine not to exceed $1,000.00 for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders.

(b) The court shall restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility and in no event shall a child solely alleged or adjudicated to be dependent be placed in a secure facility.

(1) He or she is found in contempt of court;

(2) Less restrictive alternatives have been considered and are unavailable or inappropriate or if the child has already been ordered to serve a less restrictive alternative sanction but failed to comply with the sanction; and

(3) For a child in need of services, the requirements of Code Section 15-11-416 regarding the valid court order exception have been met.

(d) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity to be heard, the court may impose any or all of the following sanctions when a parent, guardian, or legal custodian other than DJJ or DFCS willfully violates any order issued by the court directed to him or her:

(1) Require the parent, guardian, or legal custodian of the child to make restitution in an amount not to exceed $2,500.00 for any damage or loss caused by the child's wrongful act;

(2) Reimburse the state for the costs of detention, treatment, or rehabilitation of the child;

(3) Require the parent, guardian, or legal custodian of the child to participate in a court approved educational or counseling program designed to contribute to the ability to provide proper parental care and supervision of the child, including, but not limited to, parenting classes; or

(4) Require the parent, guardian, or legal custodian of the child to enter into a contract or plan as a part of the disposition of any charges against the child, so as to provide for the supervision and control of the child by the parent, guardian, or legal custodian and reunification with the child.

15-11-32.

(a) An order of the court shall be set aside if:

(1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;

(2) The court lacked jurisdiction over a necessary party or of the subject matter; or

(3) Newly discovered evidence so requires.

(b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interests of the child except an order of dismissal following a contested adjudicatory hearing.

(c) Except as otherwise provided in Code Section 15-11-602, an order committing a child to DJJ may only be modified after the child has been transferred to DJJ custody upon motion of DJJ.

(d) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this Code section. Such petition shall set forth in clear and concise language the grounds upon which the relief is requested.

(e) After a petition seeking relief under this Code section is filed, the court shall fix a time for hearing and shall cause notice to be served on the parties to the proceeding or those affected by the relief sought. After the hearing, the court shall deny or grant relief as the evidence warrants.

15-11-33.

(a) Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent to whom the reunification plan is directed.

(b) Within 30 days of the filing of the transfer order, the transferring court shall provide the receiving court with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and any other court documents deemed necessary by the transferring court to enable the receiving court to assume jurisdiction over the matter.

(d) Compliance with this Code section shall terminate jurisdiction in the transferring court and confer jurisdiction in the receiving court.

15-11-34.

Except as otherwise provided by Code Section 17-10-14, a child shall not be committed to an adult correctional facility or other facility used primarily for the execution of sentences of persons convicted of a crime.

15-11-35.

In all cases of final judgments of the juvenile court, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded except in the discretion of the trial court; rather, the judgment or order of the court shall stand until reversed or modified by the reviewing court.

15-11-36.

(a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court:

(1) The cost of medical and other examinations and treatment of a child ordered by the court;

(2) The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than DJJ, but the court may order supplemental payments, if such are necessary or desirable for services;

(3) Reasonable compensation for services and related expenses of an attorney appointed by the court, when appointed by the court to represent the child and when appointed by the court to conduct the proceedings;

(4) Reasonable compensation for a guardian ad litem;

(5) The expense of service of summons, notices, and subpoenas, travel expenses of witnesses, transportation, subsistence, and detention of the child, and other like expenses incurred in the proceedings under this chapter; and

(6) The cost of counseling and counsel and advice required or provided under the provisions of Code Section 15-11-212 or 15-11-601.

(b) For a child not committed to the legal custody of DJJ, the county, upon certification by the court, shall reimburse DJJ for reasonable and necessary expenses incurred for a child's subsistence, detention, care, and other like expenses.

(c) If, after due notice to the parent or other person legally obligated to care for and support the child and after affording such person an opportunity to be heard, the court finds that such person is financially able to pay all or part of the costs and expenses outlined in subsection (a) of this Code section, the court may order such person to pay the same and prescribe the manner of payment. In addition, the court may order payment from the parent or other legally obligated person or entity to reimburse all or part of the costs and expenses of the department or DJJ for treatment, care, and support of the child. Unless otherwise ordered, payment shall be made to the clerk of the court for remittance to the person or agency, including the department or DJJ, to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county.

15-11-37.

(a) The court may collect supervision fees from those who are placed under the court's formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:

(1) Housing in nonsecure facilities;

(2) Educational services, tutorial services, or both;

(3) Counseling and diagnostic testing;

(4) Mediation;

(5) Transportation to and from court ordered services;

(6) Truancy intervention services;

(7) Restitution programs;

(8) Job development or work experience programs;

(9) Community services; and

(10) Any other additional programs or services needed to meet the best interests, development, and rehabilitation of the child.

(b) The juvenile court may order each delinquent child or child in need of services who receives supervision to pay to the clerk of the court:

(1) An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and

(2) A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that the child receives supervision.

The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of such fee and shall be subject to the enforcement procedure in subsection (c) of Code Section 15-11-36. The judge shall provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by the treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in subsection (a) of this Code section to child offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services.

(d) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the department or DJJ.

15-11-38.

(a) Any court may order the establishment of a community based risk reduction program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in need of services. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program.

(b) As part of a risk reduction program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The court's involvement shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program.

(c) As part of an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, DJJ, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize the exchange of confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in Code Section 15-11-40.

(d) When any agency or entity participating in a protocol agreement identifies a child who is at risk of becoming delinquent, dependent, or a child in need of services, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for the child. The child or the parent, or both, may be present during any review of the child's case by the panel. The parent, guardian, or legal custodian of the child shall be notified of the plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, but not the judge, shall work with the other agencies involved to educate the parent and the child on the importance of following the plan and on the consequences if either the parent or the child is referred to the court. If an intervention plan is developed for a child and the parent, guardian, or legal custodian consents to the plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to DFCS.

15-11-39.

(a) In any jurisdiction within which a risk reduction program has been established, when a child comes before the court for disposition, the court may order that an assessment be made of the child and the circumstances resulting in the child being before the court.

(b) The assessment shall be developed by assembling existing information and individualized plans of the agencies involved in providing services to the child and his or her parent, guardian, or legal custodian. If the assessment demonstrates a need for a case plan, the court may order that a case plan be developed by a panel representing community agencies as authorized by the court. The case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist the child.

(c) The case plan shall be served on the child and the child's parent, guardian, or legal custodian. The case plan shall also include a cover letter which contains the following information:

(1) Sources to explain the process, procedures, and penalties for not responding to the court order in the prescribed time frame; and

(2) The deadline for responding to the court order and stating objections to the case plan or any portion thereof is ten days from the date of service.

(d) If no objection is made or if the child, parent, guardian, or legal custodian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time the child is under the jurisdiction of the court.

(e) If a child or a parent, guardian, or legal custodian objects to the case plan, the court shall conduct a hearing. The court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 15-11-29, without the necessity of a show cause hearing, unless objection is made to the case plan.

15-11-40.

(a) Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduction program may exchange, as necessary, information, medical records, school records, immigration records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in the program if such exchange of information is ordered by the court or consented to by the parties. Such information shall be used by such individuals and agencies only for the purposes provided in this chapter and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential as required by state and federal law and the court may punish any violations of confidentiality as contempt of court.

(b) Any person who authorizes or permits any unauthorized person or agency to have access to confidential records or reports of child abuse shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain confidential records or reports of child abuse or information contained therein shall be guilty of a misdemeanor.

(c) Confidential records or reports of child abuse and information obtained from such records may not be made a part of any record which is open to the public except that a prosecuting attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse.

(d) This Code section shall not abridge the provisions relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.

15-11-41.

(a) Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information:

(1) For release of child abuse records by the department, a subpoena and subsequent order of the court requiring the release of such information in accordance with Code Section 49-5-41;

(2) For release of information relating to diagnosis, prognosis, or treatment of drug and alcohol abuse:

(A) If the person is 18 or has been emancipated, consent from the person to whom such information relates;

(B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemacipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and the unemancipated minor has not designated anyone as a personal representative; or

(C) A subpoena requiring the release of such information and protective order of the court regarding the release of such information; and

(3) For release of confidential health, mental health, or education records:

(A) If the person is 18 or has been emancipated, consent from the person to whom such information relates;

(B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemacipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative;

(D) An order of the court requiring the release of such information.

(b) In issuing an order for the release of information under this Code section, the court may:

(1) Include protections against further disclosure of the information;

(2) Limit the purposes for which the information may be used; and

(3) Require records to be redacted so that only relevant information is shared.

(c) Nothing in this Code section shall be deemed to replace the responsibility of entities governed by federal and state privacy laws to comply with such laws.

ARTICLE 2

15-11-50.

(a) There is created a juvenile court in every county in the state.

(b) Except where election is provided by local law, the judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed shall have the authority to act as judge of each juvenile court in each county of the circuit.

(c) If no person is appointed as a juvenile court judge for a circuit, then a superior court judge of the circuit shall as part of the duties of the superior court judge assume the duties of the juvenile court judge in all counties in the circuit in which a separate juvenile court judgeship has not been established.

(d) All juvenile court judgeships established on or before October 1, 2000, their methods of compensation, selection, and operation shall continue until such time as one or more circuit-wide juvenile court judges are appointed. However, in any circuit where a superior court judge assumes the duties of the juvenile court judge, such circuit shall not be entitled to the state funds provided for in Code Section 15-11-52.

(e) When one or more circuit-wide juvenile court judges are appointed or elected, any juvenile court judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit wide.

(f) After the initial appointments and prior to any subsequent appointment or reappointment of any part-time or full-time juvenile court judge, the judge or judges responsible for making the appointment shall publish notice of the vacancy of the juvenile court judgeship once a month for three months prior to such appointment or reappointment. Such notice shall be published in the official legal organ of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice is published.

(g) In the event that more than one juvenile court judge is appointed, one judge shall be designated presiding judge.

(h) In any case in which action under this Code section is to be taken by a superior court judge of the circuit, such action shall be taken as follows:

(1) Where there are one or two superior court judges, such action shall be taken by the chief judge of the circuit; and

(2) Where there are more than two superior court judges, such action shall be taken by a majority vote of the judges of the circuit.

15-11-51.

(a) No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of the state for three years, is a member of the State Bar of Georgia, and has practiced law for five years.

(b) A juvenile court judge shall be eligible for reappointment or election.

15-11-52.

(a) Each appointed juvenile court judge shall serve for a term of four years.

(b) The compensation of the full-time or part-time juvenile court judges shall be set by the superior court with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.

(c) Out of funds appropriated to the judicial branch of government, the state shall contribute toward the salary of the judges on a per circuit basis in the following amounts:

(1) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state base grant of $85,000.00;

(2) In addition to this base amount, each circuit which has more than four superior court judges is eligible for additional state grants. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant in an amount equal to one-fourth of the base amount of the state grant;

(3) In circuits where the superior court judges elect to use the state grant for one or more part-time judges, the amount of the state grant shall be as follows:

(A) For each part-time judge who works one day weekly	$17,000.00
(B) For each part-time judge who works two days weekly	34,000.00
(C) For each part-time judge who works three days weekly	51,000.00
(D) For each part-time judge who works four days weekly	68,000.00;

provided, however, that a grant for one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with paragraphs (1) and (2) of this subsection; and

(4) All state grants provided by this subsection shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.

15-11-53.

(a) It shall be unlawful for any full-time juvenile court judge to engage in any practice of law outside his or her role as a juvenile court judge.

(b) It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in the court to which he or she is assigned or in any other court in any case, proceeding, or any other matters of which it has pending jurisdiction or has had jurisdiction.

(c) It shall be unlawful for any juvenile court judge, full time or part time, to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in court, except such advice or counsel as a judge is called upon to give while performing the duties of a juvenile court judge.

15-11-54.

(a) Each juvenile court shall be assigned and attached to the superior court of the county for administrative purposes.

(b) The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro rata contribution toward the costs of such benefits, based on county population. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System provided by Chapter 23 of Title 47.

(c) Except for state base grants provided by Code Section 15-11-52, all expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.

15-11-55.

(a) To the extent that the provisions of this article conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern.

(b) The state grants provided by Code Section 15-11-52 shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide juvenile court judges, whether the judge or judges shall be full time or part time or a combination of full time and part time, and the compensation of any part-time juvenile court judge or judges.

15-11-56.

(a) No person who is serving as a full-time juvenile court judge shall at the same time hold the office of judge of any other class of court of this state.

(b) No person serving as a juvenile court judge after being elected juvenile court judge pursuant to a local law authorized by a constitutional amendment shall at the same time hold the office of judge of any other class of court of this state.

(c) Nothing in this Code section shall prevent any duly appointed or elected juvenile court judge from sitting by designation as a superior court judge pursuant to Code Section 15-1-9.1.

15-11-57.

(a) Whenever a juvenile court judge is appointed it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of such order, the Secretary of State shall issue a commission as for superior court judges.

(b) Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the juvenile court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges.

15-11-58.

(a) All of the judges and associate judges of the courts exercising jurisdiction over children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairperson of the council.

(b) The Council of Juvenile Court Judges:

(1) Shall meet at stated times to be fixed by it or on call of the chairperson;

(2) May establish general policies for the conduct of courts exercising jurisdiction over children;

(3) May promulgate uniform rules and forms governing procedures and practices of the courts;

(4) Shall publish in print or electronically an annual report of the work of the courts exercising jurisdiction over children, which shall include statistical and other data on the courts' work and services, research studies the council may make of the problems of children and families dealt with by the courts, and any recommendations for legislation; and

(5) Shall be authorized to inspect and copy records of the courts, law enforcement agencies, the department, and DJJ for the purpose of compiling statistical data on children.

(c) Subject to the approval of the Council of Juvenile Court Judges, the presiding judge of the council shall appoint a chief administrative and executive officer for the Council of Juvenile Court Judges who shall have the title of director of the Council of Juvenile Court Judges. Under the general supervision of the presiding judge of the council and within the policies established by the Council of Juvenile Court Judges, the director shall:

(1) Provide consultation to the courts regarding the administration of court services and the recruitment and training of personnel;

(2) Make recommendations to the Council of Juvenile Court Judges for improvement in court services;

(3) With the approval of the presiding judge, appoint consultants and necessary clerical personnel to perform the duties assigned to the Council of Juvenile Court Judges and the director;

(4) Collect necessary statistics and prepare an annual report of the work of the courts;

(5) Promulgate in cooperation with DJJ standard procedures for coordinating state and local probation services throughout the state; and

(6) Perform such other duties as the presiding judge of the council shall specify.

15-11-59.

(a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to such seminars by court rules properly adopted.

(b) Seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the Council of Juvenile Court Judges may determine would promote the quality of justice in the juvenile court system.

(c) Expenses of administration of seminar programs and actual expenses incurred by the judges or associate juvenile court judges in attending such seminars shall be paid from state funds appropriated for the Council of Juvenile Court Judges for such purpose, from federal funds available to the Council of Juvenile Court Judges for such purpose, or from other appropriate sources. Expenses for judges and associate juvenile court judges shall not exceed the allowances allowed members of the General Assembly.

(d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall receive training appropriate to the role and participate in at least 12 hours of continuing legal education or continuing judicial education established or approved by the Council of Juvenile Court Judges each year and meet such rules as established by the Council of Juvenile Court Judges pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointment; provided, however, that the Council of Juvenile Court Judges may in hardship cases extend deadlines for compliance with this Code section.

15-11-60.

(a) A judge may appoint one or more persons to serve as associate juvenile court judges in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds.

(b) Each associate juvenile court judge shall have the same qualifications as required for a judge of the juvenile court as provided in Code Section 15-11-51; provided, however, that any person serving as an associate juvenile court judge on January 1, 2013, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.

15-11-61.

(a) The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full-time or part-time basis.

(b) An associate juvenile court traffic judge shall be a member of the State Bar of Georgia.

(c) The compensation of associate juvenile court traffic judges shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.

15-11-62.

(a) In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, or any duly appointed juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint.

(b) The person appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services.

15-11-63.

(a) The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this chapter.

(b) The salary, tenure, compensation, and all other conditions of employment of such employees shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of the employees shall be paid out of county funds.

(c) Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing.

15-11-64.

(a) Any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties.

(b) In each year after the initial appointment, any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk.

(c) Training pursuant to this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by the institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing authority of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources.

(d) A judge of the juvenile court shall appoint a clerk pro tempore for that court in order for the regular clerk to attend required training. Such clerk pro tempore shall not be required to meet the training requirements for performing the clerk's duties.

(e) The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity.

15-11-65.

(a) The judge may appoint one or more probation and intake officers.

(b) The salaries of the probation and intake officers shall be fixed by the judge with the approval of the governing authority of the county or counties for which he or she is appointed and shall be payable from county funds.

15-11-66.

(a) A county juvenile probation officer or DJJ staff member serving as a juvenile probation officer:

(1) Shall make investigations, reports, and recommendations to the court as directed by this chapter;

(2) Shall supervise and assist a child placed on probation or under the protective supervision or care of such probation officer by order of the court or other authority of law;

(3) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable;

(4) May take into custody and detain a child who is under the supervision or care of such probation officer if the probation officer has reasonable cause to believe that the child's health or safety or that of another is in imminent danger, or that the child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this chapter;

(5) May not conduct accusatory proceedings against a child who is or may be under such probation officer's care or supervision;

(6) May not draft judicial orders, official charges, or any other document which is required to be drafted by an attorney;

(7) Shall perform all other functions designated by this chapter or by order of the court pursuant thereto. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and

(8) Other laws to the contrary notwithstanding, no county juvenile probation officer or DJJ staff serving as a probation officer shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted.

(b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as probation officers.

15-11-67.

(a) A juvenile court intake officer:

(1) Shall receive and examine complaints and charges of delinquency, dependency, or that a child is in need of services for the purpose of considering the commencement of proceedings under this chapter;

(2) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable;

(3) Shall compile on a regular basis the case files or a report on those cases that were informally adjusted for review by the judge;

(4) May not conduct accusatory proceedings against a child or draft judicial orders, official charges, or any other document which is required to be drafted by an attorney;

(5) Shall perform all other functions designated by this chapter or by order of the court pursuant thereto; and

(6) Except as provided in Article I, Section II, Paragraph IX(d) of the Constitution, no county juvenile court intake officer, or DJJ staff member serving as a juvenile court intake officer shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted.

15-11-68.

(a) The probation and intake services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and be fully funded through DJJ. The probation and intake officers of juvenile courts of those counties whose probation and intake services are transferred pursuant to this Code section shall become DJJ employees on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other DJJ personnel policies, except that the salaries of such employees shall not be reduced as a result of becoming DJJ employees.

(b) The probation and intake services of the juvenile court of a county may be transferred to DJJ by local Act of the General Assembly which approves such transfer.

(c) Persons who were probation and intake officers of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake officers to and became a part of the state-wide juvenile and intake services system fully funded through DJJ before January 1, 1999, shall be covered employees in the classified service of the State Personnel Administration.

ARTICLE 3
Part 1

15-11-100.

The purpose of this article is:

(1) To assist and protect children whose physical or mental health and welfare is substantially at risk of harm from abuse, neglect, or exploitation and who may be further threatened by the conduct of others by providing for the resolution of dependency proceedings in juvenile court;

(2) To ensure that dependency proceedings are conducted expeditiously to avoid delays in permanency plans for children;

(3) To provide the greatest protection as promptly as possible for children; and

(4) To ensure that the health, safety, and best interests of the child be the paramount concern in all dependency proceedings.

15-11-101.

(a) If necessary, the investigator of a report of child abuse and neglect may apply to the court for certain medical examinations and evaluations of a child or other children in the household.

(b) Upon a showing of probable cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of a child or other children in the household by a physician. Such order may be granted ex parte.

(c) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a psychological or psychiatric examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional.

(d) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a forensic examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional.

(e) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a physical, psychological, or psychiatric examination of a child's parent, guardian, or legal custodian.

15-11-102.

(a) The preliminary protective hearing shall be held promptly and no later than 72 hours after a child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, such hearing shall be held on the next day which is not a weekend or legal holiday.

(b) If a child was not taken into protective custody or is released from foster care at the preliminary protective hearing, the following time frames apply:

(1) The petition for dependency shall be filed within 30 days of the preliminary protective hearing;

(2) Summons shall be served at least 72 hours before the adjudication hearing;

(3) The adjudication hearing shall be held no later than 60 days after the filing of the petition for dependency; and

(4) If the dispositional hearing is not held in conjunction with the adjudication hearing, it shall be held and completed within 30 days after the conclusion of the adjudication hearing.

(1) The petition for dependency shall be filed within five days of the preliminary protective hearing;

(2) Summons shall be served at least 72 hours before the adjudication hearing;

(3) The adjudication hearing shall be held no later than ten days after the filing of the petition;

(4) DFCS shall submit to the court its written report within 30 days of the date a child who is placed in the custody of DFCS is removed from the home and at each subsequent review of the disposition order. If the DFCS report does not contain a plan for reunification services, the nonreunification hearing shall be held no later than 30 days from the time the report is filed; and

(5) If the dispositional hearing is not held in conjunction with the adjudication hearing, it shall be held and completed within 30 days after the conclusion of the adjudication hearing.

(d) An initial periodic review hearing shall be held within 75 days following a child's removal from his or her home. An additional periodic review shall be held within four months following such initial review.

(e) Permanency plan hearings shall be held no later than 30 days after DFCS has submitted a written report to the court which does not provide a plan for reunification services or:

(1) For children under seven years of age at the time a petition for dependency is filed, no later than nine months after the child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while the child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that the child's permanency plan and goal have been achieved; and

(2) For children seven years of age and older at the time a petition is filed, no later than 12 months after the child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while the child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that the child's permanency plan and goal have been achieved.

(f) A supplemental order of the court adopting a child's permanency plan shall be entered within 30 days after the court has determined that reunification efforts need not be made by DFCS.

15-11-103.

(a) The child and any other party to a proceeding under this article shall have the right to a qualified and independent attorney at all stages of the proceedings under this article.

(b) The court shall appoint an attorney for a child alleged to be dependent. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child.

(d) Before an attorney may be appointed to represent a child, he or she shall have received training appropriate to the role that is administered or approved by the Office of the Child Advocate for the Protection of Children; provided, however, that such office shall exempt from the training requirement any attorney who has practiced as an attorney or guardian ad litem in juvenile court dependency proceedings for three or more years and, when such determination is made by the court, has demonstrated a proficiency in child representation. Preappointment training shall be satisfied within an attorney's existing continuing legal education obligations and shall not require the attorney to complete additional training hours in addition to the hours currently required by the State Bar of Georgia.

(e) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent the child in any subsequent proceeding.

(f) An attorney appointed to represent a child in a dependency proceeding shall continue the representation in any subsequent appeals unless excused by the court.

(g) Neither a child nor a representative of a child may waive a child's right to an attorney in a dependency proceeding.

(h) A party other than a child shall be informed of his or her right to an attorney prior to any hearing. A party other than a child shall be given an opportunity to:

(1) Obtain and employ an attorney of such party's own choice;

(2) Obtain a court appointed attorney if the court determines that such party is an indigent person; or

(3) Waive the right to an attorney.

15-11-104.

(a) The court shall appoint a guardian ad litem for a child alleged to be dependent.

(b) A child's attorney may serve as the child's guardian ad litem unless or until there is conflict of interest between the attorney's duty to the child as the child's attorney and the attorney's considered opinion of the child's best interests as guardian ad litem.

(c) A party to the proceeding, the employee or representative of a party to the proceeding, or any other individual with a conflict of interest shall not be appointed as guardian ad litem.

(d) A court shall appoint a CASA to act as guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem.

(e) A lay guardian shall not engage in activities which could reasonably be construed as the practice of law.

(f) Before the appointment as a guardian ad litem, such person shall have received training appropriate to the role as guardian ad litem which is administered or approved by the Office of the Child Advocate for the Protection of Children. For attorneys, preappointment guardian ad litem training shall be satisfied within the attorney's existing continuing legal education obligations and shall not require the attorney to complete additional training hours in addition to the hours currently required by the State Bar of Georgia.

(g) Any volunteer guardian ad litem authorized and acting in good faith, in the absence of fraud or malice and in accordance with the duties required by this Code section, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section.

(h) The court may remove a guardian ad litem from a case upon finding that the guardian ad litem acted in a manner contrary to a child's best interests, has not appropriately participated in the case, or if the court otherwise deems continued service as inappropriate or unnecessary.

(i) A guardian ad litem shall not engage in ex parte contact with the court except as otherwise provided by law.

(j) The court, the child, or any other party may compel a guardian ad litem for a child to attend a trial or hearing relating to the child and to testify, if appropriate, as to the proper disposition of a proceeding.

(k) The court shall ensure that parties have the ability to challenge recommendations made by the guardian ad litem or the factual basis for the recommendations in accordance with the rules of evidence applicable to the specific proceeding.

(l) A guardian ad litem's report shall not be admissible into evidence prior to the disposition hearing except in accordance with the rules of evidence applicable to the specific proceeding.

(m) A guardian ad litem who is not also serving as attorney for a child may be called as a witness for the purpose of cross-examination regarding the guardian ad litem's report even if the guardian ad litem is not identified as a witness by a party.

15-11-105.

(a) A guardian ad litem shall advocate for a child's best interests in the proceeding for which the guardian ad litem has been appointed.

(b) In determining the child's best interests, a guardian ad litem shall consider and evaluate all of the factors affecting the best interests of the child in the context of a child's age and developmental needs. Such factors shall include:

(1) The physical safety and welfare of the child, including food, shelter, health, and clothing;

(2) The mental and physical health of all individuals involved;

(3) Evidence of domestic violence in any current, past, or considered home for the child;

(4) A child's background and ties, including familial, cultural, and religious;

(5) A child's sense of attachments, including a child's sense of security, a child's sense of familiarity, and continuity of affection for the child;

(6) The least disruptive placement alternative for a child;

(7) A child's wishes and long-term goals;

(8) A child's community ties, including church, school, and friends;

(9) A child's need for permanence which includes the child's need for stability and continuity of relationships with a parent, siblings, and other relatives;

(10) The uniqueness of every family and child;

(11) The risks attendant to entering and being in substitute care;

(12) The preferences of the persons available to care for the child; and

(13) Any other factors considered by the guardian ad litem to be relevant and proper to his or her determination.

(c) Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall at a minimum:

(1) Maintain regular and sufficient in-person contact with the child and, in a manner appropriate to the child's developmental level, meet with and interview the child prior to custody hearings, adjudication hearings, disposition hearings, judicial reviews, and any other hearings scheduled in accordance with the provisions of this chapter;

(2) In a manner appropriate to the child's developmental level, ascertain the child's needs, circumstances, and views;

(3) Conduct an independent assessment to determine the facts and circumstances surrounding the case;

(4) Consult with the child's attorney, if appointed separately, regarding the issues in the proceeding;

(5) Communicate with health care, mental health care, and other professionals involved with the child's case;

(6) Review case study and educational, medical, psychological, and other relevant reports relating to the child and the respondents;

(7) Review all court related documents;

(8) Attend all court hearings and other proceedings to advocate for the child's best interests;

(9) Advocate for timely court hearings to obtain permanency for the child;

(10) Protect the cultural needs of the child;

(11) Contact the child prior to any proposed change in the child's placement;

(12) Contact the child after changes in the child's placement;

(13) Request a judicial citizen review panel or judicial review of the case;

(14) Attend citizen panel review hearings concerning the child and if unable to attend the hearings, forward to the panel a letter setting forth the child's status during the period since the last citizen panel review and include an assessment of the DFCS permanency and treatment plans;

(15) Provide written reports to the court and the parties on the child's best interests which shall include, but not be limited to, recommendations regarding placement of the child, updates on the child's adjustment to placement, DFCS's and respondent's compliance with prior court orders and treatment plans, the child's degree of participation during visitations, and any other recommendations based on the best interests of the child;

(16) When appropriate, encourage settlement and the use of any alternative forms of dispute resolution and participate in such processes to the extent permitted; and

(17) Monitor compliance with the case plan and all court orders.

(d)(1) Except as provided in Article 12 of this chapter, a guardian ad litem shall receive notices, pleadings, or other documents required to be provided to or served upon a party and shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant changes of circumstances of the child's case to the same extent and in the same manner as the parties to the case are notified of such matters.

(2) A guardian ad litem shall be notified of the formulation of any case plan of the child's case and may be given the opportunity to be heard by the court about such plans.

(e) Upon presentation of an order appointing a guardian ad litem, such guardian ad litem shall have access to all records and information relevant to a child's case when such records and information are not otherwise protected from disclosure pursuant to Code Section 19-7-5. Such records and information shall not include records and information provided under Article 12 of this chapter or provided under Chapter 4A of Title 49.

(f) All records and information acquired or reviewed by a guardian ad litem during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court.

(g) Except as provided in Code Section 49-5-41, regarding access to records, any guardian ad litem who discloses confidential information obtained during the course of his or her appointment, in violation of law, shall be guilty of a misdemeanor. A guardian ad litem shall maintain all information and records regarding mental health, developmental disability as defined in Code Section 37-1-1, and substance abuse according to the confidentiality requirements contained in Code Section 37-3-166, 37-4-125, or 37-7-166, as applicable.

(h) In the event of a change of venue, the original guardian ad litem shall, as soon as possible, communicate with the appointed guardian ad litem in the new venue and shall forward all pertinent information to the new guardian ad litem.

15-11-106.

(a)(1) Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not be assigned a case prior to being sworn in by a juvenile court judge as set forth in this paragraph.

(2) If a juvenile court judge determines that a child involved in a dependency proceeding needs a CASA, the judge shall have the authority to appoint a CASA, and in such circumstance shall sign an order appointing a CASA at the earliest possible stage of the proceedings. Such order shall impose on a CASA all the duties, rights, and responsibilities set forth in this Code section and Code Sections 15-11-104 and 15-11-105.

(b) The role of a CASA in juvenile court dependency proceedings shall be to advocate for the best interests of the child.

(c) In addition to the reasons stated in subsection (h) of Code Section 15-11-104, the court may discharge a CASA upon finding that the CASA has acted in a manner contrary to the mission and purpose of the affiliate court appointed special advocate program.

15-11-107.

(a) A parent, guardian, or legal custodian's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for considering his or her child to be a dependent child; provided, however, that the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability.

(b) In order to make a determination as to whether a child is in a life-threatening situation or that the child's condition will result in serious disability, the court may order a medical evaluation of the child.

(c) If the court determines, on the basis of any relevant evidence before the court, including the court ordered medical evaluation and the affidavit of the attending physician, that a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order that medical treatment be provided for a child.

(d) A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to be dependent and the court may find the parent, guardian, or legal custodian in contempt and enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.

15-11-108.

(a) The court shall give to all parties written notice of the date, time, place, and purpose of the following postadjudication hearings or reviews:

(1) Nonreunification hearings;

(2) Disposition hearings;

(3) Periodic review hearings;

(4) Periodic reviews by judicial citizen review panel;

(5) Permanency plan hearings;

(6) Termination of parental rights hearings; and

(7) Termination of parental rights review hearings.

(b) Issuance and service of summons, when appropriate, shall comply with the requirements of Code Sections 15-11-160 and 15-11-161.

(c) Unless otherwise provided in this chapter, written notice shall be delivered to the recipient at least 72 hours before the hearing or review by United States mail, e-mail, or hand delivery.

15-11-109.

(a) In advance of each hearing or review, DFCS shall give written notice of the date, time, place, and purpose of the review or hearing to the caregiver of the child, the foster parent of the child, any preadoptive parent, or any relative providing care for the child including the right to be heard. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing, except in the case of preliminary protective hearings or emergency hearings when such notice is not possible, by United States mail, e-mail, or hand delivery.

(b) Notice of a hearing or review shall not be construed to require a legal custodian, foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing or review solely on the basis of such notice and opportunity to be heard.

15-11-110.

(a) Upon request of an attorney for the parent, guardian, legal custodian, child, or petitioner, the court may continue any hearing under this article beyond the time limit within which the hearing is otherwise required to be held; provided, however, that no continuance shall be granted that is contrary to the interests of the child. In considering a child's interests, the court shall give substantial weight to a child's need for prompt resolution of his or her custody status, the need to provide a child with a stable environment, and the damage to a child of prolonged temporary placements.

(b) Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record.

(c) A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Except as otherwise provided by judicial rules governing attorney conflict resolution, a pending criminal prosecution or family law matter shall not constitute good cause. The need for discovery shall not constitute good cause.

(d) In any case in which a parent, guardian, legal custodian, or child is represented by an attorney and no objection is made to an order continuing any such hearing beyond the time limit, the absence of such an objection shall be deemed a consent to the continuance; provided, however, that even with consent, the court shall decide whether to grant the continuance in accordance with subsection (a) of this Code section.

15-11-111.

(a) At any hearing held with respect to a child, the court in its discretion, and based upon the evidence, may enter an order:

(1) Accepting or rejecting any DFCS report;

(2) Ordering an additional evaluation; or

(3) Undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the child's best interests.

(b) The court's order:

(1) May incorporate all or part of the DFCS report; and

(2) Shall include findings of fact which reflect the court's consideration of the oral and written testimony offered by all parties, as well as nonparties, who are required to be provided with notice and a right to be heard in any hearing to be held with respect to the child, and DFCS.

15-11-112.

(a) When a child is removed from his or her home the court shall order reasonable visitation that is consistent with the age and developmental needs of the child if the court finds that it is in the child's best interests. The court's order shall specify the frequency, duration, and terms of visitation including whether or not visitation shall be supervised or unsupervised.

(b) There shall be a presumption that visitation shall be unsupervised unless the court finds that unsupervised visitation is not in the child's best interests.

(c) Within 30 days of the court finding that there is a lack of substantial progress towards completion of a case plan, the court shall review the terms of visitation and determine whether the terms continue to be appropriate for the child or whether the terms need to be modified.

15-11-113.

When a child is alleged to be dependent, the date the child is considered to have entered foster care shall be the date of the first judicial finding that a child has been subjected to child abuse or neglect or the date that is 60 days after the date on which a child is removed from his or her home, whichever is earlier.

Part 2

15-11-125.

(a) A proceeding under this article may be commenced:

(1) In the county in which a child legally resides; or

(2) In the county in which a child is present when the proceeding is commenced if the child is present without a parent, guardian, or legal custodian or the acts underlying the dependency allegation are alleged to have occurred in that county.

(b) For the convenience of the parties, the court may transfer the proceeding to the county in which a child legally resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.

Part 3

15-11-130.

(a) Notwithstanding Code Sections 15-11-133 and 15-11-135, DFCS shall be authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when:

(1) As a result of an emergency or illness, the person who has physical and legal custody of a child is unable to provide for the care and supervision of the child, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that DFCS exercise such emergency custody; and

(2) The child is not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker.

(b) During the period when a child is in the temporary care and supervision of DFCS, DFCS shall endeavor to place the child with a relative of the parent, guardian, or legal custodian, in foster care, or in emergency foster care or shall make other appropriate placement arrangements. DFCS shall have the same rights and powers with regard to the child as does the parent, guardian, or legal custodian including the right to consent to medical treatment.

(c) Immediately upon receiving custody of a child, DFCS shall begin a diligent search for a relative or other designee of the parent who can provide for the care and supervision of the child.

(d) At any time during such seven-day period, and upon notification to DFCS that the parent, guardian, or legal custodian or an expressly authorized relative, or designee thereof, is able to provide care to and exercise control over the child, DFCS shall release the child to the person having custody of the child at the time the child was taken into DFCS custody or to such person's authorized relative or designee.

(e) Upon the expiration of such seven-day period, if the child has not been released or if DFCS determines that there is an issue of neglect, abandonment, or abuse, DFCS shall promptly contact a juvenile court intake officer or bring the child before the juvenile court. If, upon making an investigation, the juvenile court intake officer finds that foster care is warranted for the child, then, for purposes of this chapter, the child shall be deemed to have been placed in foster care at the time such finding was made and DFCS may file a dependency petition.

(f) DFCS and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision in accordance with this Code section, for consenting to medical treatment for the child, and for releasing the child.

15-11-131.

(a) Notwithstanding Code Section 15-11-133, a physician, licensed to practice medicine in this state who is treating a child may take or retain temporary protective custody of the child, without a court order and without the consent of a parent, guardian, or legal custodian, provided that:

(1) The physician has reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child's life or health as a result of suspected abuse or neglect; or

(2) There is reasonable cause to believe that the child has been abused or neglected and there is not sufficient time for a court order to be obtained for temporary custody of the child before the child may be removed from the presence of the physician.

(b) A physician holding a child in temporary protective custody shall:

(1) Make reasonable and diligent efforts to inform the parents, guardian, or legal custodian of the child of the whereabouts of the child;

(2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child and inform DFCS that the child has been held in temporary custody; and

(3) Not later than 24 hours after the child is held in temporary custody:

(A) Contact a juvenile court intake officer, and inform such intake officer that the child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or

(B) Contact a law enforcement officer who shall take the child and promptly bring the child before a juvenile court intake officer.

(c) A child who meets the requirements for inpatient admission shall be retained in the hospital or institution until such time as the child is medically ready for discharge. Upon notification by the hospital or institution to DFCS that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician and the child has been placed in DFCS custody, DFCS shall take physical custody of the child within six hours of being notified.

(d) If the juvenile court intake officer determines that the child is to be placed in foster care and the court orders that the child be placed in DFCS custody, then:

(1) If the child remains in the physical care of the physician, DFCS shall take physical possession of the child within six hours of being notified by the physician, unless the child meets the criteria for admission to a hospital or other medical institution or facility; or

(2) If the child has been brought before the court by a law enforcement officer, DFCS shall promptly take physical possession of the child.

(e) If the juvenile court intake officer determines that the child should not be placed in foster care, the child shall be released.

(f) If the child is placed in foster care, then the court shall notify the child's parents, guardian, or legal custodian, the physician, and DFCS of the preliminary protective hearing which is to be held within 72 hours.

(g) If after the preliminary protective hearing the child is not released, DFCS shall file a petition alleging dependency in accordance with this article, provided that there is a continued belief that the child's life or health is in danger as a result of suspected abuse or neglect.

(h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law.

15-11-132.

(a) The facts supporting the issuance of an order of removal may be relayed orally, including telephonically, to the judge or a designated juvenile court intake officer, and the order directing that a child be taken into custody may be issued orally or electronically.

(b) When a child is taken into custody under exceptional circumstances, an affidavit or sworn complaint containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court the next business day, and a written order shall be issued if not previously issued. The written order shall include the court's findings of fact supporting the necessity for the child's removal in order to safeguard the child's welfare and shall designate the child's legal custodian.

(c) The affidavit or sworn complaint filed after the child has been placed shall indicate whether the child was released to the child's parent, guardian, or legal custodian or remains removed.

(d) DFCS shall promptly notify the parent, guardian, or legal custodian of the nature of the allegations forming the basis for taking the child into custody and, if the child is not released, of the time and place of the preliminary protective hearing.

15-11-133.

(a) A child may be removed from his or her home, without the consent of the child's parents, guardian, or legal custodian:

(1) Pursuant to an order of the court under this article; or

(2) By a law enforcement officer or duly authorized officer of the court if the child is in imminent danger of abuse or neglect if he or she remains in the home.

(b) Upon removing a child from his or her home, the law enforcement officer or duly authorized officer of the court shall:

(1) Immediately deliver the child to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS;

(2) Bring the child immediately before the juvenile court or promptly contact a juvenile court intake officer; and

(3) Promptly give notice to the court and the child's parents, guardian, or legal custodian that the child is in protective custody, together with a statement of the reasons for taking the child into protective custody.

(d) A law enforcement officer removing a child from his or her home has all the privileges and immunities of a law enforcement officer making an arrest.

(e) A law enforcement officer shall promptly contact a juvenile court intake officer for issuance of a court order once such officer has taken a child into protective custody and delivered the child to a medical facility.

(f) A juvenile court intake officer shall immediately determine if the child should be released, remain in protective custody, or be brought before the court upon being contacted by a law enforcement officer, duly authorized officer of the court, or DFCS that a child has been taken into protective custody.

15-11-134.

(a) Any order authorizing the removal of a child from his or her home shall be based on a finding by the court that continuation in the home would be contrary to the child's welfare.

(b) Such findings shall be made on an individualized case-by-case basis and shall be documented in the court's written order.

15-11-135.

(a) A child taken into custody shall not be placed in foster care prior to the hearing on the petition unless:

(1) Foster care is required to protect the child;

(2) The child has no parent, guardian, or legal custodian or other person able to provide supervision and care and return him or her to the court when required; or

(3) An order for the child's foster care has been made by the court.

(b) No child alleged or adjudicated to be dependent shall be detained in any jail, adult lockup, or adult detention facility, nor shall a child be detained in a regional youth detention center or youth development center unless the child is also alleged or adjudicated to be delinquent, and the court determines that the requirements for detention under Article 7 of this chapter are met.

(1) A licensed or approved foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;

(2) A facility operated by a licensed child welfare agency; or

(3) A licensed shelter care facility approved by the court.

(d) The actual physical placement of a child pursuant to this Code section shall require the approval of the judge of the juvenile court or his or her designee.

(e) In any case in which a child is taken into protective custody of DFCS, the child shall be placed together with any siblings who are also in protective custody, to the extent that it is practical and appropriate, or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or why such efforts are not appropriate. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between the siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.

Part 4

15-11-145.

(a) If a child alleged to be dependent is removed from his or her home and is not returned home, the preliminary protective hearing shall be held promptly and not later than 72 hours after the child is placed in foster care; provided, however, that if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday.

(b) Reasonable oral or written notice of the preliminary protective hearing, stating the time, place, and purpose of the hearing, shall be given to the child and, if such person can be found, to the child's parent, guardian, or legal custodian.

(c) If a parent, guardian, or legal custodian has not been notified of the preliminary protective hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order the child's release unless it appears from such hearing that the child's foster care is warranted or required.

(d) The following persons shall have the right to participate in the preliminary protective hearing:

(1) The child's parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice;

(2) The child's attorney and guardian ad litem if a guardian ad litem has been appointed;

(3) The child, unless the court finds, after considering evidence of harm to the child that will result from the child's presence at the proceeding, that being present is not in the child's best interests;

(4) The parent's attorney if an attorney has been retained or appointed;

(5) The assigned DFCS caseworker; and

(6) The attorney for DFCS.

(e) The court may allow the following parties to be present at the preliminary protective hearing, if the court finds it is in the best interests of the child:

(1) Any relative or other person who has demonstrated an ongoing commitment to the child with whom the child might be placed;

(2) DFCS employees involved in the case;

(3) An advocate as requested by the parent, guardian, or legal custodian; and

(4) Other persons who have knowledge of or an interest in the welfare of the child.

(f) At the commencement of the preliminary protective hearing, the court shall inform the parties of:

(1) The contents of the complaint in terms understandable to the child and parent, guardian, or legal custodian;

(2) The nature of the proceedings in terms understandable to the child and parent, guardian, or legal custodian;

(3) Their due process rights including their right to an attorney and to an appointed attorney if they are indigent persons, the right to call witnesses and to cross-examine all witnesses, the right to present evidence, and the right to a trial by the court on the allegations in the complaint or petition.

(g) If the child is not released at the preliminary protective hearing, a petition for dependency shall be made and presented to the court within five days of such hearing.

15-11-146.

(a) At the preliminary protective hearing, the court shall determine:

(1) Whether there is probable cause to believe the child is dependent; and

(2) Whether protective custody of the child is necessary to prevent abuse or neglect pending the hearing on the dependency petition.

(b) The court:

(1) On finding that the complainant has not proved either of the required elements prescribed in subsection (a) of this Code section, shall dismiss the case and shall return the child to the child's parent, guardian, or legal custodian;

(2) On finding that the complainant has not met the burden of proving that protective custody is necessary, shall return the child to the child's parent, guardian, or legal custodian pending the hearing on the dependency petition; or

(3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child in the temporary custody of DFCS pending the hearing on the dependency petition.

(1) Continuation in the home would be contrary to the child's welfare; and

(2) Removal is in the child's best interests.

(d) The court shall make written findings as to whether DFCS has made reasonable efforts to prevent or eliminate the need for removal of the child from the home and to make it possible for the child to safely return home. When the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider DFCS to have made reasonable efforts to prevent or eliminate the need for protective custody. The court shall include in the written findings a brief description of what preventive and reunification efforts were made by DFCS.

(e) In determining whether a child shall be removed or continued out of the home, the court shall consider whether the provision of reasonable services can prevent or eliminate the need to separate the family. The court shall make a written finding in every order of removal that describes why it is in the best interests of the child that the child be removed from the home or continued in foster care.

(f) To aid the court in making the required written findings, DFCS shall present evidence to the court outlining the reasonable efforts made to prevent taking the child into protective custody and to provide services to make it possible for the child to safely return home and why protective custody is in the best interests of the child.

Part 5

15-11-150.

A DFCS employee, a law enforcement officer, or any person who has actual knowledge of the abuse, neglect, or abandonment of a child or is informed of the abuse, neglect, or abandonment of a child that he or she believes to be truthful may make a petition alleging dependency.

15-11-151.

(a) If a child was removed from his or her home, the petition alleging dependency shall be filed within five days of the preliminary protective hearing.

(b) If the child was not removed from his or her home or if the child was removed from his or her home but was released from protective custody at the preliminary protective hearing, the petition alleging dependency shall be filed within 30 days of the preliminary protective hearing.

(c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition alleging dependency in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension.

(d) If a petition alleging dependency is not filed within the required time frame, the complaint shall be dismissed without prejudice.

15-11-152.

A petition alleging dependency shall be verified and may be on information and belief and shall set forth plainly and with particularity:

(1) The facts which bring the child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought;

(2) The name, date of birth, and residence address of the child on whose behalf the petition is brought;

(3) The name and residence address of the parent, guardian, or legal custodian of the child; or, if neither the child's parent nor the child's guardian nor the child's legal custodian resides or can be found within the state or if such place of residence address is unknown, the name of any known adult relative residing within the county or, if there is none, the known adult relative residing nearest to the location of the court;

(4) Whether the child is in protective custody and, if so, the place of his or her foster care and the time the child was taken into protective custody; and

(5) Whether any of the matters required by this Code section are unknown.

15-11-153.

(a) The petitioner may amend the petition alleging dependency at any time:

(1) To cure defects of form; and

(2) Prior to the adjudication hearing, to include new allegations of fact or requests for adjudication.

(b) When the petition is amended after the initial service to include new allegations of fact or requests for adjudication, the amended petition shall be served on the parties and provided to the attorneys of record.

(c) The court shall grant the parties such additional time to prepare as may be required to ensure a full and fair hearing; provided, however, that when a child is in protective custody or in detention, the adjudication hearing shall not be delayed more than ten days beyond the time originally fixed for the hearing.

Part 6

15-11-160.

(a) The court shall direct the issuance of a summons to the child if the child is 14 years of age or older, the child's parent, guardian, or legal custodian, the child's attorney, the child's guardian ad litem, if any, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition alleging dependency. A copy of the petition alleging dependency shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained.

(b) The summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person.

(c) The court may endorse upon the summons an order directing the parent, guardian, or legal custodian of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.

(d) A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing.

15-11-161.

(a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing.

(b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with reasonable diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested.

(c) If a party to be served is outside this state but his or her address is known or can be ascertained with reasonable diligence, service of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested.

(d) If, after justifiable effort, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The adjudication hearing shall not be earlier than five days after the date of the last publication.

(e)(1) Service by publication shall be made once a week for four consecutive weeks in the official organ of the county where the petition alleging dependency has been filed. Service shall be deemed complete upon the date of the last publication.

(2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of the child shall be preserved by the use of appropriate initials, and the date the petition alleging dependency was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition alleging dependency.

(3) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition alleging dependency to the last known address of the party being served by publication.

(f) Service of the summons may be made by any suitable person under the direction of the court.

(g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.

15-11-162.

(a) In the event a parent, guardian, or legal custodian of the child willfully fails to appear personally at a hearing after being ordered to so appear or the parent, guardian, or legal custodian of the child willfully fails to bring the child to a hearing after being so directed, the court may issue an order against the person, directing the person to appear before the court to show cause why he or she should not be held in contempt of court.

(b) If the parent, guardian, or legal custodian fails to appear in response to an order to show cause, the court may issue a bench warrant directing that the parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.

15-11-163.

(a) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition alleging dependency and enter an interlocutory order of disposition if:

(1) The petition alleges dependency of the child;

(2) The summons served upon any party:

(A) States that prior to the final hearing on such petition a provisional hearing will be held at a specified time and place;

(B) Requires the party who is served other than by publication to appear and answer the allegations of the petition alleging dependency at the provisional hearing;

(C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and

(D) Otherwise conforms to the requirements of Code Section 15-11-160; and

(3) The child is personally before the court at the provisional hearing.

(b) Findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition alleging dependency.

(c) If the party served by publication fails to appear at the final hearing on the petition alleging dependency, the findings of fact and interlocutory orders made shall become final without further evidence. If the party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of such petition without regard to this Code section.

Part 7

15-11-170.

(a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:

(1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party;

(2) A copy of any formal written statement made by the child who is alleged to be dependent or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing;

(3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced;

(4) Any drug screen concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian;

(5) Any case plan concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian;

(6) Any visitation schedule related to the child who is alleged to be dependent;

(7) Photographs and any physical evidence which are intended to be introduced at any hearing;

(8) Copies of the police incident report regarding an occurrence which forms part or all of the basis of the petition; and

(9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section.

(b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing:

(1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the child who is alleged to be dependent or the family, parent, guardian, or legal custodian of such child;

(2) Any school record concerning the child who is alleged to be dependent;

(3) Any medical record concerning the child who is alleged to be dependent;

(4) Transcriptions, recordings, and summaries of any oral statement of the child who is alleged to be dependent or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel;

(5) Any family team meeting report or multidisciplinary team meeting report concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian;

(6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and

(7) Immigration records concerning the child who is alleged to be dependent.

(c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party:

(1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim;

(2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;

(3) Photographs and any physical evidence which are intended to be introduced at the hearing; and

(4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness.

(d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request.

(e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:

(1) Jeopardize the safety of a party, witness, or confidential informant;

(2) Create a substantial threat of physical or economic harm to a witness or other person;

(3) Endanger the existence of physical evidence;

(4) Disclose privileged information; or

(5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence.

(f) No deposition shall be taken of a child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part.

(g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances.

(h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication.

(i) Any material or information furnished to a party pursuant to this part shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.

Part 8

15-11-180.

The petitioner shall have the burden of proving the allegations of a dependency petition by clear and convincing evidence.

15-11-181.

(a) The court shall fix a time for the adjudication hearing. If the child is in foster care, the hearing shall be scheduled for no later than ten days after the filing of the petition alleging dependency. If the child is not in foster care, the adjudication hearing shall be held no later than 60 days after the filing of the petition alleging dependency. If adjudication is not completed within 60 days from the date the child was taken into protective custody, the petition alleging dependency may be dismissed without prejudice.

(b) The following persons shall have the right to participate in the adjudication hearing:

(1) The child's parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice;

(2) The child's attorney and guardian ad litem, if a guardian ad litem has been appointed;

(4) The attorneys for the parent, guardian, or legal custodian if attorneys have been retained or appointed;

(5) The assigned DFCS caseworker; and

(6) The attorney for DFCS.

(c) If the court finds it is in the best interests of the child, the court may allow the following to be present at the adjudication hearing:

(1) Any relative or other person who has demonstrated an ongoing commitment to the child with whom the child might be placed;

(2) DFCS employees involved with the case;

(3) An advocate as requested by the parent, guardian, or legal custodian; and

(4) Other persons who have knowledge of or an interest in the welfare of the child.

(d) Except as provided in this subsection, the adjudication hearing shall be conducted in accordance with Title 24. Testimony or other evidence relevant to the dependency of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of:

(1) Communications between a party and his or her attorney; and

(2) Confessions or communications between a priest, rabbi, or duly ordained minister or similar functionary and his or her confidential communicant.

(e) After hearing the evidence, the court shall make and file specific written findings as to whether the child is a dependent child.

(f) If the court finds that the child is not a dependent child, it shall dismiss the petition alleging dependency and order the child discharged from foster care or other restriction previously ordered.

(g) If the court finds that the child is dependent, the court shall proceed immediately or at a postponed hearing to make a proper disposition of the case.

(h) If the court finds that a child is dependent, the court shall also make and file a finding whether such dependency is the result of substance abuse by a parent, guardian, or legal custodian.

(i) If the disposition hearing is held on the same day as the adjudication hearing, the court shall schedule the dates and times for the first periodic review hearing and for the permanency plan hearing.

Part 9

15-11-190.

If the allegations of the petition alleging dependency are admitted or after an adjudication hearing the court has found the child to be dependent, the court may direct that a written social study and report be made by DFCS.

15-11-191.

Each social study shall include, but shall not be limited to, a factual discussion of each of the following subjects:

(1) What plan, if any, for the return of the child to his or her parent and for achieving legal permanency for the child if efforts to reunify fail, is recommended to the court;

(2) Whether the best interests of the child will be served by granting reasonable visitation rights to his or her other relatives, in order to maintain and strengthen the child's family relationships;

(3) Whether the child has siblings under the court's jurisdiction, and, if so:

(A) The nature of the relationship between the child and his or her sibling;

(B) Whether the siblings were raised together in the same home and whether the siblings have shared significant common experiences or have existing close and strong bonds;

(C) Whether the child expresses a desire to visit or live with his or her sibling and whether ongoing contact is in the child's best interests;

(D) The appropriateness of developing or maintaining the sibling relationships;

(E) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together or why those efforts are not appropriate;

(F) If the siblings are not placed together, the frequency and nature of the visits between siblings; and

(G) The impact of the sibling relationship on the child's placement and planning for legal permanence;

(4) The appropriateness of any relative placement; and

(5) Whether the caregiver desires and is willing to provide legal permanency for the child if reunification is unsuccessful.

Part 10

15-11-200.

(a) Within 30 days of the date a child who is placed in DFCS custody is removed from the home and at each subsequent review of the disposition order, DFCS shall submit a written report to the court which shall either:

(1) Include a case plan for a reunification of the family; or

(2) Include a statement of the factual basis for determining that a plan for reunification is not appropriate.

(b) The report submitted by DFCS shall become a discrete part of the case record in a format determined by DFCS and shall be made available to the child if the child is 14 years of age or older, the child's attorney, the child's guardian ad litem, if any, and the parent, guardian, or legal custodian of the child. The contents of the report shall be determined at a meeting to be held by DFCS in consultation with the parent, guardian, or legal custodian and child, when appropriate. The parent, guardian, or legal custodian, the child if the child is 14 years of age or older, the child's attorney, and the child's guardian ad litem, if any, shall be given written notice of the meeting at least five days in advance of such meeting and shall be advised that the report will be submitted to the court for consideration as an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parent, guardian, or legal custodian, if such are available.

(c) If the court adopts a report that contains a case plan for reunification services, it shall be in effect until modification by the court. The case plan shall address each reason requiring removal and shall, at a minimum, comply with the requirements of Code Section 15-11-201.

(d) If the submitted report contains a proposed case plan for reunification services:

(1) DFCS shall provide the caregiver, the foster parent, and any preadoptive parent or relative providing care for the child with a copy of those portions of the court approved case plan that involve the permanency goal and the services to be provided to the child;

(2) A copy of the report and case plan shall be delivered to the parent, guardian, or legal custodian by United States mail, e-mail, or hand delivery at the same time the report and case plan are transmitted to the court, along with written notice that the report will be considered by the court without a hearing unless, within five days from the date the copy of the report and case plan were delivered, the parent, guardian, or legal custodian requests a hearing before the court to review the report and case plan; and

(3) If no hearing is requested, the court shall enter a disposition order or supplemental order incorporating all elements of the case plan for reunification services which the court finds essential to reunification, specifying what shall be accomplished by all parties before reunification of the family can be achieved.

(e) When a recommendation is made that reunification services are not appropriate and should not be allowed, the report submitted by DFCS shall address each reason requiring removal and shall contain at least the following:

(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately and safely protected at home and the harm which may occur if the child remains in the home and a description of the services offered and the services provided to prevent removal of the child from the home;

(2) A clear statement describing all of the reasons supporting a finding that reunification of a child with the child's parent will be detrimental to the child and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist; and

(3) The statements, provisions, and requirements found in paragraphs (11) and (12) of subsection (b) of Code Section 15-11-201.

15-11-201.

(a) The case plan shall be designed to achieve placement in the most appropriate, least restrictive, and most family-like setting available and in close proximity to the parent's home, consistent with the best interests and special needs of the child, and which considers the placement's proximity to the school in which the child is enrolled at the time of placement.

(b) The case plan shall be developed by DFCS and the child's parent, guardian, or legal custodian and, when appropriate, the child. The case plan shall include, but shall not be limited to, all of the following:

(1) A description of the circumstances that resulted in the child being placed under the jurisdiction of the court and in foster care;

(2) An assessment of the child's and family's strengths and needs and the type of placement best equipped to meet those needs;

(3) A description of the type of home or institution in which the child is to be placed, including a discussion of the safety and appropriateness of the placement;

(4) Specific time-limited goals and related activities designed to enable the safe return of the child to his or her home, or, in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation;

(5) Assignment of specific responsibility for accomplishing the planned activities;

(6) The projected date of completion of the case plan objectives;

(7) The date time-limited services will be terminated;

(8) A schedule of visits between the child and his or her siblings and other appropriate family members and an explanation if no visits are scheduled;

(9) When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the child's parent, guardian, or legal custodian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interests of the child;

(10) When an out-of-state group home placement is recommended or made, the case plan shall comply with Code Section 39-4-4, the Interstate Compact on the Placement of Children. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for such particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended;

(11) If applicable, a statement that reasonable efforts have been made and a requirement that reasonable efforts shall be made for so long as the child remains in the custody of the department:

(A) To place siblings removed from their home in the same foster care, kinship care, guardianship, or adoptive placement, unless DFCS documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and

(B) In the case of siblings removed from their home who are not so jointly placed, for frequent visitation or other ongoing interaction between the siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings;

(12) Provisions ensuring the educational stability of the child while in foster care, including:

(A) An assurance that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;

(B) An assurance that the state agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement; or

(C) If remaining in such school is not in the best interests of the child, an assurance by DFCS that DFCS and the local educational agencies have cooperated to assure the immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to such new school;

(13) An account of health and education information about the child including school records, immunizations, known medical problems, any known medications the child may be taking, names and addresses of the child's health and educational providers; the child's grade level performance; assurances that the child's placement in foster care takes into account proximity to the school in which the child was enrolled at the time of placement; and other relevant health and educational information;

(14) A recommendation for a permanency plan for the child. If, after considering reunification, adoptive placement, or permanent guardianship, DFCS recommends placement in another planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the child's best interests. For purposes of this paragraph, a 'compelling reason' shall have the same meaning as in paragraph (2) of subsection (b) of Code Section 15-11-233;

(15) A statement that the parent, guardian, or legal custodian and the child have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why he or she was not able to participate or sign the case plan;

(16) A requirement that the DFCS case manager and staff and, as appropriate, other representatives of the child provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as the child may elect in the 90 day period immediately prior to the date on which the child will attain 18 years of age;

(17) For a child in out-of-home care who is 14 years of age or older, a written description of the programs and services which will help the child prepare for the transition from foster care to independent living; and

(18) The identity of the person within DFCS or other agency who is directly responsible for ensuring that the case plan is implemented.

15-11-202.

(a) Except as provided in subsection (a) of Code Section 15-11-203, reasonable efforts shall be made to preserve or reunify families:

(1) Prior to the placement of a child in DFCS custody to prevent the need for removing the child from the child's home; or

(2) To eliminate the need for removal and make it possible for a child to return safely to the child's home at the earliest possible time.

(b) In determining the type of reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child's health and safety shall be the paramount concern.

(c) Reasonable efforts are made upon the exercise of due diligence by DFCS to use appropriate services to meet the needs of the child and the child's family. Services may include those provided by DFCS and other services available in the community.

(d) The court shall be required to review the appropriateness of DFCS's reasonable efforts at each stage of the proceedings.

(e)(1) At the preliminary protective hearing, DFCS has the burden of demonstrating that:

(A) It has made reasonable efforts to prevent placement of a child in foster care;

(B) There are no appropriate services or efforts which could allow the child to safely remain in the home given the particular circumstances of the child and family at the time of the child's removal and so the absence of such efforts was justifiable; or

(C) Reasonable efforts to prevent placement and to reunify the child with the child's family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203.

(2) At the adjudication hearing, DFCS has the burden of demonstrating that:

(A) It has made reasonable efforts to eliminate the need for removal of the child from the child's home and to reunify the child with the child's family at the earliest possible time; or

(B) Reasonable efforts to prevent placement and to reunify the child with the child's family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203.

(3) At each other hearing, DFCS has the burden of demonstrating that:

(A) It has made reasonable efforts to eliminate the need for removal of the child from the child's home and to reunify the child with the child's family at the earliest possible time; or

(B) It has made reasonable efforts to finalize an alternative permanent home for the child.

(f) When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:

(1) Relevant to the safety and protection of the child;

(2) Adequate to meet the needs of the child and family;

(3) Culturally and linguistically appropriate;

(4) Available and accessible;

(5) Consistent and timely; and

(6) Realistic under the circumstances.

(g) A finding that reasonable efforts have not been made shall not preclude the entry of an order authorizing the child's placement when the court finds that placement is necessary for the protection of the child.

(h) When efforts to prevent the need for the child's placement were precluded by an immediate threat of harm to the child, the court may make a finding that reasonable efforts were made if it finds that the placement of the child in the absence of such efforts was justifiable.

(i) Reasonable efforts to place a child for adoption or with a guardian or legal custodian may be made concurrently with reasonable efforts to reunify. When DFCS decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent, guardian, or legal custodian, DFCS shall disclose its decision and both plans to all parties and obtain approval from the court. When DFCS proceeds on both plans, the court's review of reasonable efforts shall include efforts under both plans.

(j) An order placing or continuing the placement of a child in DFCS custody shall contain, but shall not be limited to, written findings of facts stating:

(1) That the child's continuation in or return to the child's own home would be contrary to the child's welfare;

(2) Whether reasonable efforts have been made to prevent or eliminate the need for placement of the child, unless the court has determined that such efforts are not required or shall cease; and

(3) Whether reasonable efforts should continue to be made to prevent or eliminate the need for placement, unless the court has previously determined that such efforts are not required or shall cease.

15-11-203.

(a) The court may direct that reasonable efforts to eliminate the need for placement of the child shall not be required or shall cease if the court determines and makes written findings of fact that:

(1) The parent has subjected the child to aggravated circumstances;

(2) The parent has been convicted of the murder of another child of the parent;

(3) The parent has been convicted of the voluntary manslaughter of another child of the parent;

(4) The parent has been convicted of aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of the parent;

(5) The parent has been convicted of committing a felony assault that results in serious bodily injury to the child or another child of the parent;

(6) The parent has been convicted of rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the child or another child of the parent;

(7) The parent is required to register as a sex offender and that preservation of the parent-child relationship is not in the child's best interests; or

(8) The parental rights of the parent to a sibling have been terminated involuntarily and the circumstances leading to the termination of parental rights to that sibling have not been resolved.

(b) If the court determines that one or more of the circumstances enumerated in subsection (a) of this Code section exist or DFCS has submitted a written report to the court which does not contain a plan for reunification services then:

(1) A permanency plan hearing shall be held for the child within 30 days; and

(2) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

15-11-204.

(a) If the DFCS report does not contain a plan for reunification services, the court shall hold a nonreunification hearing to review the report and the determination that a plan for reunification services is not appropriate.

(b) The nonreunification hearing shall be held no later than 30 days from the time the DFCS report is filed. Notice of the nonreunification hearing shall be provided, by summons, to the child if the child is 14 years of age or older, the child's parent, guardian, or legal custodian, the child's attorney, the child's guardian ad litem, if any, and specified nonparties entitled to notice.

(1) DFCS shall notify the court whether and when it intends to proceed with termination of parental rights; and

(2) The court shall also hold a permanency plan hearing, at which the court shall consider in-state and out-of-state permanent placement options for the child, and shall incorporate a permanency plan for the child in its order.

(d) DFCS shall have the burden of demonstrating by clear and convincing evidence that a reunification plan is not appropriate considering the health and safety of the child and the child's need for permanence. There shall be a presumption that reunification is detrimental to the child and reunification services should not be provided if the court finds by clear and convincing evidence that:

(1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family;

(2) A child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions;

(3) A ground for terminating parental rights exists; or

(4) Any of the circumstances set out in subsection (a) of Code Section 15-11-203 exist, making it unnecessary to provide reasonable efforts to reunify.

(e) If the court has entered an order finding that reasonable efforts to reunify a child with his or her family are not required but the court finds further that referral for termination of parental rights and adoption is not in the best interests of the child, the court may, upon proper petition, place the child in the custody of a permanent guardian pursuant to the provisions of this article.

Part 11

15-11-210.

(a) If not held in conjunction with the adjudication hearing, the disposition hearing shall be held and completed within 30 days after the conclusion of the adjudication hearing.

(b) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of the child and the most appropriate disposition.

(1) The social study report, if applicable, made by DFCS and the child's proposed written case plan. The social study report and case plan shall be filed with the court not less than 48 hours before the disposition hearing;

(2) Any study or evaluation made by a guardian ad litem appointed by the court;

(3) Any psychological, medical, developmental, or educational study or evaluation of the child; and

(4) Other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.

(d) Prior to the disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court.

(e)(1) Portions of written reports received by the court which are not relied on by the court in reaching its decision, which if revealed would be prejudicial to the interests of the child or any party to the proceeding, may be withheld in the court's discretion. Confidential sources of information need not be disclosed.

(2) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports.

(f) At the conclusion of the disposition hearing, the court shall set the time and date for the first periodic review hearing and the permanency plan hearing.

15-11-211.

(a) Before final disposition, a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by DFCS.

(b) All adult relatives of the child identified in the search required by subsection (a) of this Code section, subject to exceptions due to family or domestic violence, shall be provided with notice:

(1) Specifying that the child has been or is being removed from parental custody;

(2) Explaining the options the relative has to participate in the care and placement of the child and any options that may be lost by failing to respond to the notice;

(3) Describing the process for becoming an approved foster family home and the additional services and supports available for children placed in approved foster homes; and

(4) Describing any financial assistance for which the relative may be eligible.

(c) The search required by subsection (a) of this Code section and the notification required by subsection (b) of this Code section shall be completed, documented in writing, and filed with the court within 30 days from the date on which the child was removed from the home.

(d) After the completion of the search required by subsection (a) of this Code section, DFCS shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to the child and with whom it may be appropriate to place the child until such relatives or persons are found or until the child is placed for adoption unless DFCS is excused from such search by the court.

15-11-212.

(a) The court may make any of the following orders of disposition or a combination of those best suited to the protection and physical, emotional, mental, and moral welfare of the child:

(1) Permit the child to remain with his or her parent, guardian, or legal custodian subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child;

(2) Grant or transfer temporary legal custody to any of these persons or entities:

(A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child;

(B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child;

(C) Any public agency authorized by law to receive and provide care for the child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include DJJ; or

(D) An individual in another state with or without supervision by an appropriate officer pursuant to the requirements of the Code Section 39-4-4, the Interstate Compact on the Placement of Children;

(3) Transfer jurisdiction over the child in accordance with the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children;

(4) Order the child and such child's parent, guardian, or legal custodian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future conditions of dependency or other conduct or conditions which would be harmful to the child or society;

(5) Order the parent, guardian, or legal custodian of the child to participate in a court approved educational or counseling program designed to contribute to the ability of the parent, guardian, or legal custodian to provide proper parental care and supervision of the child, including, but not limited to, parenting classes;

(6) Order DFCS to implement and the child's parent, guardian, or legal custodian to cooperate with any plan approved by the court; or

(7) Order temporary child support for a child to be paid by that person or those persons determined to be legally obligated to support the child. In determining such temporary child support, the court shall apply the child support guidelines provided in Code Section 19-6-15 and the implementation and any review of the order shall be held as provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction, the court may order the child support obligor in the existing order to make payments to the child's caretaker on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile court's order shall be filed in the clerk's office of the court that entered the existing order. Temporary child support orders entered pursuant to this paragraph shall be enforceable by the court's contempt powers so long as the court is entitled to exercise jurisdiction over the dependency case.

(b) The transfer of temporary legal custody may be subject to conditions and limitations the court may prescribe. Such conditions and limitations shall include a provision that the court shall approve or direct the return of the physical custody of the child to the child's parent, guardian, or legal custodian either upon the occurrence of specified circumstances or at the direction of the court. The return of physical custody of the child to the child's parent, guardian, or legal custodian may be made subject to conditions and limitations the court may prescribe including, but not limited to, supervision for the protection of the child.

(c) A child found to be dependent shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children unless the child is also found to be delinquent and the child's detention is warranted under the requirements of Article 7 of this chapter.

(d) After transferring temporary legal custody of a child to DFCS, the court may at any time conduct sua sponte a judicial review of the current placement plan being provided to the child. After its review, the court may order DFCS to comply with the current placement plan, order DFCS to devise a new placement plan, or make any other order relative to placement or custody outside DFCS as the court finds to be in the best interests of the child. Placement or a change of custody by the court outside DFCS shall relieve DFCS of further responsibility for the child except for any provision of services ordered by the court to ensure the continuation of reunification services to the family when appropriate.

(e) A court shall not be required to make an order of disposition regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the child is to be discharged into the physical custody of any person who had such custody when the court made its most recent finding that the child was dependent.

(f) If a child is found to be a dependent child and the dependency is found to have been the result of substance abuse by a parent, guardian, or legal custodian and the court orders transfer of temporary legal custody of the child, the court shall be authorized to further order that legal custody of the child may not be transferred back to the child's parent, guardian, or legal custodian unless the parent, guardian, or legal custodian undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months.

(g) If the court finds that DFCS preventive or reunification efforts have not been reasonable but that further efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.

(h) When the case plan requires a concurrent permanency plan, the court shall review the reasonable efforts of DFCS to recruit, identify, and make a placement in a home in which a relative, foster parent, or other person who has demonstrated an ongoing commitment to the child has agreed to provide a legally permanent home for the child in the event reunification efforts are not successful.

15-11-213.

Any order of disposition shall contain written findings of fact to support the disposition and case plan ordered. Before making an order of disposition, the court shall consider the following:

(1) Why the best interests and safety of the child are served by the disposition and case plan ordered including but not limited to:

(A) The interaction and interrelationship of the child with his or her parent, siblings, and any other person who may significantly affect the child's best interests;

(B) The child's adjustment to his or her home, school, and community;

(D) The wishes of the child as to the child's placement;

(E) The wishes of the child's parent, guardian, or legal custodian as to the child's custody;

(F) Whether there exists a relative of the child or other individual who, after study by DFCS, is found to be qualified to receive and care for the child; and

(G) The ability of the parent, guardian, or legal custodian to care for the child in the home so that no harm will result to the child;

(2) The availability of services recommended in the case plan;

(3) What alternative dispositions or services under the case plan were considered by the court and why such dispositions or services were not appropriate in the instant case;

(4) The appropriateness of the particular placement made or to be made by the placing agency; and

(5) Whether reasonable efforts were made to prevent or eliminate the necessity of the child's removal and to reunify the family after removal unless reasonable efforts were not required. The court's findings should include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the necessity of removal.

15-11-214.

(a) An order of disposition in a dependency proceeding shall continue in force until the purposes of the order have been accomplished.

(b) The court may terminate an order of disposition of a child adjudicated as dependent on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.

(c) Unless a child remains in DFCS care or continues to receive services from DFCS, as allowed by Article 5 of this chapter, when a child adjudicated as dependent reaches 18 years of age, all orders affecting him or her then in force terminate and he or she shall be discharged from further obligation or control.

15-11-215.

(a) Not less than five days in advance of any placement change, DFCS shall notify the court, a child who is 14 years of age or older, the child's parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child's attorney, the child's guardian ad litem, if any, and any other attorney of record of such change in the location of the child's placement while the child is in DFCS custody.

(b) If the child's health or welfare may be endangered by any delay in changing the child's placement, the court and all attorneys of record shall be notified of such placement change within 24 hours of such change.

(c) A child who is 14 years of age or older, the child's parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child's attorney or guardian ad litem, if any, and any attorney of record may request a hearing with regard to the child's case plan or the permanency plan in order for the court to consider the change in the location of the child's placement and any changes to the case plan or permanency plan resulting from the child's change in placement location. The hearing shall be held within five days of receiving notice of a change in the location of the child's placement and prior to any such placement change, unless the child's health or welfare may be endangered by any delay in changing the child's placement.

(d) At the hearing to consider the child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by DFCS, including a recommendation as to the location of the placement of the child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by DFCS, including the location of the child's placement.

(e) If the court rejects DFCS recommendations, the court shall demonstrate that DFCS recommendations were considered and explain why it did not follow such recommendations. If the court rejects the DFCS case plan and permanency plan recommendations, including the change in the location of the placement of the child, the court may order DFCS to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of the child within the resources of the department, or make any other order relative to placement or custody outside the department as the court finds to be in the best interests of the child and consistent with the policy that children in DFCS custody should have stable placements.

(f) Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for the child except for any provision of services ordered by the court to ensure the continuation of reunification services to the family when appropriate.

15-11-216.

(a) All cases of children in DFCS custody shall be initially reviewed within 75 days following the child's removal from his or her home and shall be conducted by the court. An additional periodic review shall be held within four months following the initial review and shall be conducted by the court or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as are established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. The court shall have the discretion to schedule any subsequent review hearings as necessary.

(b) At any periodic review hearing, the paramount concern shall be the health and safety of the child.

(c) At the initial 75 day periodic review, the court shall approve the completion of the relative search, schedule the subsequent four-month review to be conducted by the court or a citizen judicial review panel, and shall determine:

(1) Whether the child continues to be a dependent child;

(2) Whether the existing case plan is still the best case plan for the child and the child's family and whether any changes need to be made to the case plan including whether a concurrent case plan for nonreunification is appropriate;

(3) The extent of compliance with the case plan by all participants;

(4) The appropriateness of any recommended changes to the child's placement;

(5) Whether appropriate progress is being made on the permanency plan;

(6) Whether all legally required services are being provided to the child, the foster parents if there are foster parents, and the child's parent, guardian, or legal custodian;

(7) Whether visitation is appropriate and, if so, approve and establish a reasonable visitation schedule consistent with the age and developmental needs of the child;

(8) Whether, for a child who is 14 years of age or older, the services needed to assist the child to make a transition from foster care to independent living are being provided; and

(9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the child's removal and to reunify the family after removal, unless reasonable efforts were not required.

(d) If at any review subsequent to the initial 75 day review the court finds that there is a lack of substantial progress towards completion of the case plan, the court shall order DFCS to develop a case plan for nonreunification or a concurrent case plan contemplating nonreunification.

(e) At the time of each review of a child in DFCS custody, DFCS shall notify the court whether and when it intends to proceed with the termination of parental rights.

15-11-217.

(a) In the event the periodic review of a case is conducted by a judicial citizen review panel, the panel shall transmit its report and that of DFCS, including its findings and recommendations together with DFCS proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parent within five days after the review.

(b) DFCS shall provide the caregiver of the child, the foster parents of the child if there are foster parents, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to the child.

(c) Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of the plan.

(d) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating the revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan.

(e) Notwithstanding subsections (c) and (d) of this Code section, if the judicial citizen review panel finds that there is a lack of substantial progress towards completion of the case plan, the court shall schedule a hearing within 30 days of such finding to determine whether a case plan for nonreunification is appropriate.

(f) If the judicial citizen review panel determines that the parent has unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to DFCS and the child's attorney that a petition for termination of parental rights should be prepared.

15-11-218.

(a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall issue written findings of fact that include:

(1) Why the child continues to be a dependent child;

(3) The extent of compliance with the case plan by all participants;

(4) The basis for any changes to the child's placement;

(5) Whether visitation is or continues to be appropriate;

(6) A description of progress being made on the permanency plan;

(7) Whether all legally required services are being provided to the child, the foster parents if there are foster parents, and the child's parent, guardian, or legal custodian;

(8) Whether, for a child who is 14 years of age or older, the services needed to assist the child to make a transition from foster care to independent living are being provided; and

(9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the child's removal and to reunify the family after removal, unless reasonable efforts were not required.

(b) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall order one of the following dispositions:

(1) Return the child to the home of his or her parent, guardian, or legal custodian with or without court imposed conditions;

(2) Allow the child to continue in the current custodial placement because the current placement is appropriate for the child's needs;

(3) Allow the child to continue in the current custodial placement although the current placement is no longer appropriate for the child's needs and direct DFCS to devise another plan which shall:

(A) Be submitted within ten days for court approval;

(B) Be furnished to all parties after court approval of the revised plan; and

(C) Be provided to the caregiver of the child, the foster parents of the child if there are foster parents , and any preadoptive parents or relative providing care for the child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to the child; or

(4) Make additional orders regarding the treatment plan or placement of the child to protect the child's best interests if the court determines DFCS has failed in implementing any material provision of the case plan or abused its discretion in the placement or proposed placement of the child.

Part 12

15-11-230.

(a) The court shall hold a permanency plan hearing to determine the future permanent legal status of each child in DFCS custody.

(b) The permanency plan hearing, which considers in-state and out-of-state placement options for the child, shall be held:

(1) No later than 30 days after DFCS has submitted a written report to the court which does not contain a plan for reunification services;

(2) For children under seven years of age at the time a petition is filed, no later than nine months after the child has entered foster care;

(3) For children seven years of age and older at the time a petition is filed, no later than 12 months after the child has entered foster care; or

(4) For a child in a sibling group whose members were removed from the home at the same time and in which one member of the sibling group was under seven years of age at the time a petition for dependency was filed, the permanency plan hearing shall be held no later than nine months after the child has entered foster care.

(c) After the initial permanency plan hearing has occurred, a permanency plan hearing shall be held not less frequently than every six months during the time the child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that the child's permanency plan and goal have been achieved.

(d) The child, the child's parent, guardian, or legal custodian, the child's attorney, the child's guardian ad litem, if any, the foster parents of the child if there are foster parents, any preadoptive parent or relatives providing care for the child, and other parties shall be given written notice of a permanency plan hearing at least five days in advance of such hearing and shall be advised that the permanency plan recommended by DFCS will be submitted to the court for consideration as the order of the court.

(e) The court shall consult with the child, in an age-appropriate manner, regarding the proposed permanency plan for the child.

15-11-231.

At least five days prior to the permanency plan hearing, DFCS shall submit for the court's consideration a report recommending a permanency plan for the child. The report shall include documentation of the steps to be taken by DFCS to finalize the permanent placement for the child and shall include, but shall not be limited to:

(1) The name, address, and telephone number of the child's parent, guardian, or legal custodian;

(2) The date on which the child was removed from his or her home and the date on which the child was placed in foster care;

(3) The location and type of home or facility in which the child is currently held or placed and the location and type of home or facility in which the child will be placed;

(4) The basis for the decision to hold the child in protective custody or to place the child outside of his or her home;

(5) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the child or other person who has demonstrated an ongoing commitment to the child or a statement as to why placement with the relative or other person is not safe or appropriate;

(6) If as a result of the placement the child has been or will be transferred from the school in which the child is or most recently was enrolled, documentation that a placement that would maintain the child in that school is unavailable, inappropriate, or that the child's transfer to another school would be in the child's best interests;

(7) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate;

(8) The goal of the permanency plan which shall include:

(A) Whether and, if applicable, when the child shall be returned to the child's parent;

(B) Whether and, if applicable, when the child shall be referred for termination of parental rights and adoption;

(D) In the case in which DFCS has documented a compelling reason that none of the foregoing options would be in the best interests of the child, whether, and if applicable, when the child shall be placed in another planned permanent living arrangement;

(9) If the child is 14 years of age or older, a description of the programs and services that are or will be provided to assist the child in preparing for the transition from foster care to independent living. The description shall include all of the following:

(A) The anticipated age at which the child will be discharged from foster care;

(B) The anticipated amount of time available in which to prepare the child for the transition from foster care to independent living;

(D) A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the child in preparing for the transition from foster care to independent living; and

(E) The rationale for each program or service that is or will be provided to assist the child in preparing for the transition from foster care to independent living, the time frames for delivering such programs or services, and the intended outcome of such programs or services; and

(10) When the recommended permanency plan is referral for termination of parental rights and adoption or placement in another home, a description of specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-state and interstate placements.

15-11-232.

(a) At the permanency plan hearing, the court shall make written findings of fact that include the following:

(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing;

(2) The continuing necessity for and the safety and appropriateness of the placement;

(3) Compliance with the permanency plan by DFCS and any other service providers, the child's parent, and the child's guardian or legal custodian, if any;

(4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of the child and the child's parent, guardian, or legal custodian;

(5) Efforts to eliminate the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child;

(6) The date by which it is likely that the child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement;

(7) Whether, in the case of child placed out-of-state, the out-of-state placement continues to be appropriate and in the best interests of the child; and

(8) In the case of a child who is 14 years of age or older, the services needed to assist the child to make a transition from foster care to independent living.

(b) The permanency plan incorporated in the court's order shall include:

(1) Whether and, if applicable, when the child shall be returned to the child's parent;

(2) Whether and, if applicable, when the child shall be referred for termination of parental rights and adoption;

(3) Whether and, if applicable, when the child shall be placed with a permanent guardian; or

(4) Whether there is a safe and appropriate placement with a fit and willing relative of the child or other person who has demonstrated an ongoing commitment to the child or a statement as to why placement with the relative or other person is not safe or appropriate.

(c) If the court finds that there is a compelling reason that it would not be in the child's best interests to be returned to the parent, referred for termination of parental rights and adoption, or placed with a permanent guardian, then the court's order shall document the compelling reason and provide that the child should be placed in another planned permanent living arrangement as defined in the court's order.

(d) A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of the child provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as the child may elect in the 90 day period immediately prior to the date on which the child will attain 18 years of age.

15-11-233.

(a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to terminate the parental rights of the child's parent or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption if:

(1) A child has been in foster care under the responsibility of DFCS for 15 of the most recent 22 months;

(2) The court has made a determination that the parent has subjected the child to aggravated circumstances;

(3) The court has made a determination that the child is an abandoned infant; or

(4) The court has made a determination that the parent has been convicted of:

(A) The murder of another child of the parent;

(B) Voluntary manslaughter of another child of the parent;

(D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of the parent;

(E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of the child; or

(F) Committing felony assault that has resulted in serious bodily injury to the child or to another child of the parent.

(b) Termination of parental rights may not be in the best interests of the child when:

(1) The child is being cared for by a relative;

(2) The case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of the child. Such compelling reasons may include, but shall not be limited to:

(A) The parent is successfully participating in services that will make it possible for the child to safely return home;

(B) Another permanency plan is better suited to meet the health and safety needs of the child. Documentation that another permanent plan is better suited to meet the health and safety needs of the child may include documentation that:

(i) The child is 14 years of age or older and objects to termination of parental rights. Prior to accepting a child's objection, the court shall personally question the child in chambers to determine whether the objection is the voluntary and knowing choice of the child;

(ii) The child is 16 years of age or older and specifically requests that emancipation be established as his or her permanent plan;

(iii) The parent and the child have a significant bond, but the parent is unable to care for the child because of an emotional or physical disability, and the child's caregiver has committed to raising the child to the age of majority and facilitating visitation with the disabled parent; or

(iv) The child is in a residential treatment facility that provides services specifically designed to address the child's treatment needs, and the court determines that the child's needs could not be served by a less restrictive placement;

(C) The child is living with a relative who is unable or unwilling to adopt the child, but who is willing and capable of providing the child with a stable and permanent home environment, and the removal of the child from the physical custody of his or her relative would be detrimental to the child's emotional well-being;

(D) The court or judicial citizen review panel, in a prior hearing or review, determined that while the case plan was to reunify the family, DFCS did not make reasonable efforts; or

(E) The child is an unaccompanied refugee or there are international legal obligations or foreign policy reasons that would preclude terminating parental rights; or

(3) DFCS has not provided to the family of the child services deemed necessary for the safe return of the child to the child's home, consistent with the specific time frames for the accomplishment of the case plan goals.

(c) The recommendation by DFCS that termination of parental rights is not in the best interests of the child shall be based on the present family circumstances of the child and shall not preclude a different recommendation at a later date if the child's family circumstances change.

Part 13

15-11-240.

(a) In addition to the jurisdiction to appoint guardians pursuant to Code Section 15-11-13, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child whose custody is a subject of controversy before the court as a result of an adjudication that the child is dependent in accordance with this article. Prior to the entry of such an order, the court shall:

(1) Find that reasonable efforts to reunify the child with his or her parents would be detrimental to the child or find that the living parents of the child have consented to the permanent guardianship;

(2) Find that termination of parental rights and adoption is not in the best interests of the child;

(3) Find that the proposed permanent guardian can provide a safe and permanent home for the child;

(4) Find that the appointment of a permanent guardian for the child is in the best interests of the child and that the individual chosen as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interests of the child; and

(5) If the child is 14 years of age or older, find that the appointment of a permanent guardian for the child is in the best interests of the child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interests of the child.

(b) The court may enter an order of support on behalf of the child against the parents of the child in accordance with paragraph (7) of subsection (a) of Code Section 15-11-212.

15-11-241.

The petition for the appointment of a permanent guardian pursuant to this part shall set forth:

(1) The facts upon which the court's jurisdiction is based;

(2) The name and date of birth of the child;

(3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to the child, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to the child, if any;

(4) A statement that:

(A) Reasonable efforts to reunify the child with his or her parents would be detrimental to the child;

(B) Termination of parental rights and adoption is not in the best interests of the child;

(D) The appointment of a permanent guardian for the child is in the best interests of the child and that the individual chosen as the child's guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interests of the child; and

(E) If the child is 14 years of age or older, that the appointment of a permanent guardian for the child is in the best interests of the child and that the individual chosen by such child as the child's permanent guardian is the most appropriate individual to be the child's permanent guardian taking into consideration the best interests of the child;

(5) Whether the child was born out of wedlock and, if so, the name and address of the biological father, if known;

(6) Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of the child that deals with the guardianship of the child and the name and address of any designee named in the document;

(7) In addition to the petitioner and the nominated guardian and, if the parent has not consented to the permanent guardianship, the names and addresses of the following relatives of the child whose whereabouts are known:

(A) The adult siblings of the child; provided, however, that not more than three adult siblings need to be listed;

(B) If there is no adult sibling of the child, the grandparents of the child; provided, however, that not more than three grandparents need to be listed; or

(C) If there is no grandparent of the child, any three of the nearest adult relatives of the child determined according to Code Section 53-2-1;

(8) Whether a temporary guardian has been appointed for the child or a petition for the appointment of a temporary guardian has been filed or is being filed; and

(9) The reason for any omission in the petition for appointment of a permanent guardian for the child in the event full particulars are lacking.

15-11-242.

(a) Permanent guardianship orders entered pursuant to Code Section 15-11-240 shall:

(1) Remain in effect until the child reaches the age of 18 or becomes emancipated;

(2) Not be subject to review by the court except as provided in Code Section 15-11-244; and

(3) Establish a reasonable visitation schedule which allows the child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent's right to visitation.

(b) A permanent guardian shall have the rights and duties of a permanent guardian as provided in Code Sections 29-2-21, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as provided in Code Section 29-2-24.

15-11-243.

(a) Notice of a guardianship petition pursuant to this part shall be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardianship, notice of the petition shall not be required to be given to:

(1) The adult siblings of the child;

(2) The grandparents of the child; or

(3) The nearest adult relatives of the child as determined in accordance with Code Section 53-2-1.

(b) The hearing shall be conducted in accordance with Code Section 29-2-18, to determine the best interests of the child, and in reaching its determination the court shall consider Code Section 15-11-240.

15-11-244.

(a) The court shall retain jurisdiction over a guardianship action under this part for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian.

(b) The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support or visitation order entered pursuant to Code Section 15-11-240.

(c) The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child or the guardian and that such modification, vacation, or revocation of the guardianship order and the appointment of a new guardian is in the best interests of the child. Appointment of a new guardian shall be subject to the provisions of Code Sections 15-11-240 and 15-11-241.

ARTICLE 4
Part 1

15-11-260.

(a) The purpose of this article is:

(1) To protect a child whose parent is unwilling or unable to provide safety and care adequate to meet his or her physical, emotional, and mental health needs by providing a judicial process for the termination of all parental rights and responsibilities;

(2) To eliminate the need for a child to wait unreasonable periods of time for his or her parent to correct the conditions which prevent a return to the family;

(3) To ensure that the continuing needs of a child for proper physical, mental, and emotional growth and development are the decisive considerations in all proceedings;

(4) To ensure that the constitutional rights of all parties are recognized and enforced in all proceedings conducted pursuant to this article while ensuring that the fundamental needs of a child are not subjugated to the interests of others; and

(5) To encourage stability in the life of a child who has been adjudicated dependent and has been removed from his or her home by ensuring that all proceedings are conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for a child.

(b) Nothing in this article shall be construed as affecting the rights of a parent other than the parent who is the subject of the proceedings.

15-11-261.

(a) An order terminating the parental rights of a parent shall be without limit as to duration and shall divest the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except:

(1) The right of the child to receive child support from his or her parent until a final order of adoption is entered;

(2) The right of the child to inherit from and through his or her parent. The right of inheritance of the child shall be terminated only by a final order of adoption;

(3) The right of the child to benefits due to him or her from any third person, agency, state, or the United States based on the child's status as a child of his or her parent. This right shall be terminated only by a final order of adoption; and

(4) The right of the child to pursue any civil action against his or her parent.

(b) When an order terminating the parent and child relationship has been issued, the parent whose right has been terminated shall not thereafter be entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in such proceedings.

(c) The relationship between the child and his or her siblings shall not be severed until that relationship is terminated by final order of adoption.

(d) A relative whose relationship to the child is derived through the parent whose parental rights are terminated shall be considered to be a relative of the child for purposes of placement of, and permanency plan for, the child until such relationship is terminated by final order of adoption.

15-11-262.

(a) The child and any other party to a proceeding under this article shall have the right to a qualified and independent attorney at all stages of the proceedings under this article.

(b) The court shall appoint an attorney for the child in a termination of parental rights proceeding. The appointment shall be made as soon as practicable to ensure adequate representation of the child and, in any event, before the first court hearing that may substantially affect the interests of the child.

(d) The court shall appoint a guardian ad litem for the child in a termination proceeding:

(1) At the request of the child's attorney; or

(2) Upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of the child.

(e) The role of a guardian ad litem in a termination of parental rights proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.

(f) A person appointed as a child's attorney shall have received training that is administered or approved by the Office of the Child Advocate for the Protection of Children prior to being appointed. Such preappointment training shall be satisfied within an attorney's existing continuing legal education obligations and shall not require the attorney to complete additional training hours in addition to those currently required by the State Bar of Georgia.

(g) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent the child in any subsequent proceeding.

(h) An attorney appointed to represent a child in a termination proceeding shall continue the representation in any subsequent appeals unless excused by the court.

(i) Neither the child nor a representative of the child may waive the right to an attorney in a termination proceeding.

(j) A party other than a child shall be informed of his or her right to an attorney prior to the adjudication hearing and prior to any other hearing at which a party could be subjected to the loss of residual parental rights. A party other than a child shall be given an opportunity to:

(1) Obtain and employ an attorney of the party's own choice;

(2) To obtain a court appointed attorney if the court determines that the party is an indigent person; or

(3) Waive the right to an attorney.

15-11-263.

(a) Upon motion of any party or the court, the court may require a physical or mental evaluation of any parent, stepparent, guardian, legal custodian, or child.

(b) The cost of any ordered evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.

15-11-264.